Terms and Conditions
1. Applicability and validity and terms of sale
All orders placed imply the client's full acceptance of these Terms of Sale, without any reservation whatsoever and to the exclusion of any other document.
No special terms will take precedence over these Terms of Sale unless expressly stated in writing in the final and binding purchase order.
The execution of any service by DNA Language implies that the Client accepts these Terms of Sale and waives his/her own general terms and conditions. Any other disposition, in the absence of manifest consent, will be ineffective against DNA Language, regardless of the time at which DNA Language may have been made aware of it.
Any condition to the contrary shall not be binding to DNA Language unless expressly accepted by DNA Language in writing, regardless of when DNA Language becomes aware of the condition. That DNA Language does not exercise one or more of the provisions in these Terms of Sale shall not be interpreted as a waiver of DNA Language’s right to exercise any of the provisions in these Terms of Sale at a later date.
2. Quotes and orders
Each order placed by the Client shall be preceded by a free quote issued by DNA Language based on the documents or web content to be translated or edited, or on the workshops or website services requested, or on information provided by the Client.
The quote DNA Language sends to the Client by regular mail, electronic mail, or fax shall include:
- the number of words or pages (one page being defined as 1500 keystrokes, spaces included, as calculted by Microsoft Word) to be translated or edited
- the language pair, in the case of translations
- the way in which the project was priced. Translation, editing and web-writing projects are billed by word, page, or by hour, based on DNA Language’s rates at the time the quote is prepared, according to the statistics function in Microsoft Word where applicable. Website usability consultancy, workshops and presentations are billed at a half-day or daily rate, based on DNA Language’s rates at the time the quote is prepared
- the date of delivery of the project
- the format of the translated or edited documents or web-content in the event that a specific layout has been requested
- any special rates applied because of urgency, specific research, artwork or any other service that goes beyond the services usually provided by DNA Language.
To confirm an order, the Client must send confirmation of acceptance of DNA Language’s quote (unaltered) by regular mail or fax if the quote was sent to the Client by regular mail or fax. If the Client received the quote by electronic mail, the Client may confirm the order by expressing this clear acceptance by return electronic mail. If DNA Language does not receive the order confirmation, DNA Language reserves the right not to commence work on the project concerned.
If confirmation of the order is not received within three (3) months of the date the quote is sent by the means stipulated above, the quote shall be considered null and void.
In the case of translation, editing, web-editing and web-writing projects, DNA Language reserves the right, after informing the Client, to charge an additional fee and/or not to adhere to the delivery date on the Client’s initial order in the following cases:
- modification of documents or the addition of documents by the Client after the initial quote was prepared by DNA Language, in which case DNA Language reserves the right to adjust the rate based on the additional volume of work estimated or requested
- if the documents were not furnished during the quote preparation process
- if the initial quote was based on the Client’s estimation of the number of words and an excerpt of the text.
In the absence of the Client’s express acceptance of the new delivery and/or invoicing conditions, DNA Language reserves the right not to commence work.
Unless otherwise stated on the quote, costs incurred during the provision of services (travel, accommodation, etc) will be charged to the client.
Any decisions to offer a discount, reduction, or sliding fee scale based on a percentage or flat fee (per word, page or hour) are at the sole discretion of DNA Language and only for the service to which they apply. Any discounts or rebates offered to the Client shall not create a right vested in interest concerning future services.
In the event that a quote is not sent to the Client before the commencement of work, services shall be invoiced at the rate usually billed by DNA Language for the translation, writing or editing project or the workshop in question.
The Client agrees to consider faxes, e-mails, copies and computer files as equivalent to the original and valid proof that the order was confirmed.
4. Deposits and instalments
Any order exceeding Euro 1,000.00 excluding tax may be subject to a deposit, the amount of which shall be clearly stipulated in the quote. Work shall begin only once the payment has cleared.
Large orders exceeding Euro 3,000.00 excluding tax may be subject to payment by instalments, the arrangements for which shall be clearly stipulated in the quote. Work shall only proceed once the payment for the previous instalment has cleared.
Any delivery date or dates agreed between DNA Language and the Client shall become binding only once DNA Language has received all the documents to be translated, edited or written and if the Client has confirmed his/her order as specified in Paragraph 2 above within 3 (three) working days from the date of receipt of the quote. After that time, the delivery date may be revised if so required by DNA Language’s workload.
6. DNA Language’s obligations
DNA Language agrees to provide a translation that is as faithful as possible to the original and that complies with professional standards, or an edited text that complies with professional standards. DNA Language shall do everything possible to take into account and include in the translation or edited text any information provided by the Client (glossaries, drawings, diagrams, abbreviations). DNA Language shall not be held liable for any inconsistencies or ambiguities in the source text, the verification of the final text’s technical coherence remaining the Client’s sole responsibility.
7. The client’s obligations
The Client shall provide DNA Language with all of the texts to be translated or edited and all of the technical information required to understand the text or editing requirements and, if necessary, the specific terminology required. If the Client fails to inform DNA Language, DNA Language shall not be held liable if the translation or edited text does not conform to the Client’s standards or if delivery is late.
The client has 10 working days from the time the translated or edited documents are received to inform DNA Language in writing of any disagreement concerning the quality of the translation or edited text. Once this period has expired, the service shall be considered duly completed and no claims may be made. The client agrees to consider postal, fax, or electronic mail receipts as proof of delivery.
DNA Language agrees to preserve the confidentiality of information DNA Language becomes aware of before, during, and after providing services. Original documents shall be returned to the Client upon simple request.
DNA Language shall not be held liable in the event that information is intercepted or used by a third party during the transfer of data, especially on the Internet. Therefore, the Client must inform DNA Language before the provision of services or at the time the order is placed of the means of transmission the Client would like DNA Language to use to ensure the confidentiality of any sensitive information.
Translations and edited text are delivered by electronic mail in Word format. On request, translations and edited text may be delivered by fax, by regular mail, or on a CD or similar medium. Any other means of delivery or formats must be expressly agreed to by the parties and may result in additional fees.
The liability of DNA Language on any grounds whatsoever shall be limited to the invoiced value of the work.
Under no circumstances shall DNA Language be held liable for claims related to nuances of style.
It is expressly agreed that delivery deadlines are provided for information only and that missed deadlines shall not be considered grounds for penalties. DNA Language shall not be held liable for direct or indirect harm to the Client or a third party resulting from late delivery due to force majeure or fax transmission, electronic mail, postal and other problems.
11. Corrections and proofreading
In the event of disagreements about certain aspects of the translation or editing project, DNA Language reserves the right to correct these aspects in cooperation with the Client.
If the translation or edited text is to be published, DNA Language shall receive the printer’s proofs to proofread them before the document goes to print. If the text is to be published on a website on the Internet, DNA Language reserves the right to review the web pages before the text is published.
Unless otherwise specified in writing, all corrections will result in additional charges to be billed at the prevailing word, page or hourly rate.
Unless otherwise mentioned on the quote, payment in full to DNA Language shall be made no later than 30 days from the date of invoice, in accordance with Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions, implemented in Scotland by Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts (Scotland) Regulations 2013.
In the case of payments by cheque or wire from abroad, all forex and banking fees will be specified on the quote or be billed to the Client.
In the event of late payments, orders in progress can be unilaterally interrupted until full payment is received. DNA Language reserves the right to charge statutory interest for late payments to the entire sum in question and without any formal notice being required. DNA Language also reserves the right to charge the Client a fixed sum as compensation as well as reasonable compensation from the debtor for any recovery costs exceeding that fixed sum and incurred due to the debtor’s late payment.
Translations and edited texts remain the property of DNA Language until payment has been received in full.
If these conditions have not been ensured by the Client, under no circumstances shall DNA Language be held liable if all or a portion of the documents to be translated or edited were to infringe on the rights of a third party or violate any applicable regulations. If this were to occur, the Client shall be held solely liable for any harm or financial consequences resulting from the Client’s negligence.
Before undertaking to have a document translated or edited, the Client must ensure that this does not infringe on any third-party rights. Therefore, the Client must be the author of the original document or have obtained written permission from the party holding the copyrights to the document to have the document translated or edited.
If these conditions have not been ensured by the Client, under no circumstances shall DNA Language be held liable if all or a portion of the documents to be translated were to infringe on the rights of a third party or violate any applicable regulations. If this were to occur, the Client shall be held solely liable for any harm or financial consequences resulting from the Client’s negligence.
Furthermore, the Client acknowledges that the translation or edited text or web copy is a new document, whose copyright is held jointly by the author of the original document and DNA Language. As a result, without harm to DNA Language’s rights to the work, DNA Language reserves the right to require that DNA Language’s name be mentioned on any copies or publications of the translation or edited text or on the website containing the copy written or edited by DNA Language.
If work that is commissioned is subsequently cancelled after work has commenced, for whatever reason, and notified in writing by the Client to DNA Language, the Client shall pay DNA Language the full contract sum for the work completed and half (fifty percent) for the uncompleted work.
All disputes shall be resolved in accordance with Scottish law.