Terms and conditions
Terms and conditions for customers - Description and terms
The Contract describes following terms meant for reference:
- “Translation Service (s)” describes Language works including but not limited to Translation, Interpretation, Transcription, Proofreading and Editing, Typing, DTP, etc.
- “Completion” describes the completion of Translation service and submitted to client endowing translation work to Translation Company.
- “Contract” describes professional association between the Client and All Translation Services, which comprises Purchase Order accepted by All Translation Services and laid terms and conditions.
- “Contract Price” describes total price remitted by Client to All Translation Services for the Translation Services as delineated in All Translation Services work/price quotation.
- “Clients” clearly describes an individual, company or organization for which All Translation Services offers Translation Services.
- In the contract, the term “Party” is described as party to this contract, which is All Translation Services and the Client.
- “Purchase Order” describes document order issued or to be issued by Client for carrying out Translation Work by All Translation Services.
Acceptance of purchase order
- All Translation Services is committed for sale and the client shall purchase the Translation Services as per All Translation Services drafted quotation acceptable to the Client. Likewise, it may also include Client’s written Purchase Order acceptable to All Translation Services, further subjected to conditions ruling the Contract to the exclusion of any other terms and conditions enabling the Client either to deliberately accept or purports to accept any such quotation or any such Purchase Order is deliberately or purported to be made by the Client. All Translation Services holds no authority over Purchase Order submitted by the Client if not confirmed in writing by All Translation Services.
- The accuracy of terms and conditions highlighted in Purchase Order lies purely on Client and All Translation Services is not responsible for errors under whatever circumstance. Any modification in the terms of Purchase Order made by Client would be made known to All Translation Services in advance (at least 2-weeks), and in detail for performing as per the new set of terms and conditions.
- The order once accepted by All Translation Services will not stand cancelled impromptu by Client, or its authorized representative under whatever conditions, except pertaining to Contract in writing of All Translation Services, and on terms and conditions that the Client willfully indemnifies All Translation Services in full against all monetary loss (which also includes loss of profit/gain), costs (which also includes implied costs of all labor and materials used), damages; interalia by All Translation Services standing due as regard to cancellation.
- A change in any clause or part shall stand valid, if and only if, it is mutually signed in written by the Client or its authorized representative and All Translation Services.
Commitments
- All Translation Services agrees to offer Translation Services to the Client against the payment delineated in the Contract Price by the Client to All Translation Services.
- The Translation Services will be carried out by All Translation Services with accuracy, quality and implementing latest technology, as projected within such industry framework.
- The Translation Services offered by All Translation Services under terms and conditions enumerated in Contract. All Translation Services makes it a doubly sure to adhere to All Translation Services estimated delivery schedule as delineated in quotation. However, All Translation Services holds no firm accountability; whatsoever, financial or otherwise, in wake of mentioned estimated delivery schedule is not achieved.
- All Translation Services will not reimburse the Client in respect of any delay payments or other penalties or damages for which the Client might become liable to any client of the Client, in wake of any delays or failures by All Translation Services, irrespective of the fact that All Translation Services is known about the Client’s potential liability to pay the same.
- All Translation Services is will take due initiative to apprise the Client of any delay in the estimated delivery schedule, and in the same tone propose a revised estimated delivery schedule to the Client.
- In case of reasons of delay, other than those covered in Condition 4 titled (Force Majeure), the Client is obligatory (within twenty one days of the date of receipt of the notification) to make known All Translation Services in writing about terminate the Contract entered with All Translation Services. The termination puts the responsibility upon the Client without liability to All Translation Services for reimbursing to the Supplier of all costs and expenses (and of any cancellation charges of All Translation Services subcontractors or suppliers) incurred by All Translation Services until termination of date of contract.
- Any revision proposed by the Client to the estimated delivery schedule shall be by mutual written Contract. As stated earlier, the Contract is deemed to include the aforesaid revised estimated delivery schedule.
- The Client is responsible for making all the necessary arrangements, at its own cost, for the delivery to and collection from All Translation Services premises, or making available any physical items to All Translation Services delineated in the Contract.
Force majeure
- All Translation Services is not liable in delays caused in work, or any supposed failure to consummate its obligations as delineated in Contract due to fire, industrial action or dispute, sickness, Reframing/Restructuring Government Policies, Faulty appearance of suppliers or subcontractors, or any other perceptible/Non-perceptible occurrence, and beyond the reason known to All Translation Services.
- All Translation Services holds complete right to expand estimated delivery schedule by a time sufficient to judge accurately on the events occurring as mentioned in sub clause 4.1. Upon such expansion of estimated delivery schedule exceeding period of six months, the Client may, terminate the Contract forthwith without liability to All Translation Services other than reimbursement procedures as mentioned in clause 3.2.
Rate quote and payment procedures
- Prices against delivering Translation Services will be as presented in All Translation Services quotation.
- The price quote is exclusive of any Indian Value Added Tax (VAT) and other applicable taxes and duties, which the Client shall be additionally liable to remit to All Translation Services.
- Payment(s) against Translation Services stand due within thirty (30) days (I month) of issuance of All Translation Services invoice thereof.
- Should the Client fails to pay on the due date, then, without discrimination and grudges to any of discrete right or remedy to All Translation Services, shall be at liberty:
- To immediately terminate the Contract and/or hang up any further deliveries to the Client;
- To appropriate any payment remitted to account of All Translation Services by the Client against such Translation Services (or any other genre of related services abounding under any other agreement between All Translation Services and the Client) as All Translation Services may rightly observe(irrespective of and not holding purported appropriation from Client’s side); and
- Challenge/charge the Client’s concern (both before and after any imminent judgment) on the amount unpaid, at a rate comfortable and favorable to All Translation Services, payable on per annum basis at regular intervals, until full payment is remitted to account of All Translation Services. In addition, where a part of month shall be treated equal to full month for calculating interest).
Translation defects
- Any perceptible defects or error(s) in the Services offered by All Translation Services as described in Contract and brought to notice of All Translation Services within period of 10 days of Completion of Services, All Translation Services agrees earnestly to investigate the prime reason for the defect, and follow effective procedures to remove those defects as early as possible, without charging any cost.
- All Translation Services holds responsible for any errors in Translation Services and provides 10-days time to Clients in order to notify those errors to All Translation Services. Beyond the period of 10-days, it is solely discretion of All Translation Services to maneuver the errors and do/not do the rectification procedures for the client.
- With due exception as delineated in clause 6.1, All Translation Services holds no responsibility and liability what so ever under any possible or impossible circumstances in wake of any error or defect emanating in any Services, or the repercussions thereof, and also dispenses no warranty/guarantee in this respect thereof.
- In case the client independently carries out translation service for and on behalf of any third party or else communicates translation service to any third party, then the Client shall be wholly and solely liable to such third party for any possible defect or error for dispensing Translation Services and furthermore, the Client will assure All Translation Services against all loss, actions, claims, costs, and liabilities of any type which All Translation Services might be imminent at common law or laid in statute against any loss, damage, personal injury or death undergone by a third party for any other unknown reasons or any error or defect in Translation Services or any other consequences in case of such error or defect.
Liabilities and indemnities
- All Translation Services is directly/indirectly not
responsible under no circumstances as highlighted in contract,
tort (including negligence or breach of statutory duty)
or otherwise
- for cost/expenses augmentation beyond the reason known,
- for improbable loss of profit and business,
- for any special, direct, indirect, and/or recurrent/non recurrent consequential damages of any sort.
- In addition, anything enclosed in the Contract, All Translation Services accountability to the Client related to Contract, tort (including negligence or breach of statutory duty) or otherwise happening (except caused in wake of death or personal injury caused by the negligence of All Translation Services where liability is not limited) shall be limited and directed to the Contract Price.
- All Translation Services is completely liable to Client under this Contract and regard to supposed negligence or omission of All Translation Services, (and of its employees, subcontractors or agents).
- In case of death injury, loss or damage caused by or resulting from any of the clauses 4, 6, 7 and 8, applicable to complete exclusion of any other conditions, warranties, stipulations, or statements whatsoever, whether explicitly or implicitly by statute, common law or by description elsewhere and including, without limitation, any such conditions, warranties, stipulations or statements guaranteeing the fitness, performance, and the like.
Termination
- In wake of either party (Those entering into direct contract) result in material breach of the terms and conditions earmarked this Contract, and where such breach is susceptible for remedy but not remedied with in 15-days notice from the innocent party, then the innocent party promulgating a notice to defaulter terminate the contract of business with immediate effect.
- All Translation Services is allowed to conclude this Contract in wake of client’s breach, should any material or documentation related to Translation Services purely considered at All Translation Services entire discretion, and understood as defamatory, libelous, malicious, obscene, or to breach the intellectual property rights of any third party, or to be against the law, irrespective of nature of breach.
- The Client shall assure and hold undamaging All Translation Services against all possible/impossible loss, actions, costs, claims, demands, expenses and liabilities whatsoever (if any), which All Translation Services may incur either at common law or by statute in respect of personal injury to or the death of any person or in respect of any loss or destruction of or damage to property (other than as a result of any default or negligence on All Translation Services part or of any person for whom All Translation Services is responsible) which shall have occurred in connection with the Translation Services.
- The Client shall assure and hold undamaging All Translation Services against all possible/impossible loss, costs, expenses and liabilities caused to All Translation Services whether directly, or as a result of the action, claim or demand of any third party, by reason of any breach and any terms or obligations on the Client’s part, besides other statute or statutory provision relevant to Translation Services covered.
- In wake of any sum recoverable/receivable or payable by the Client to the account of All Translation Services as a result of any clause mentioned herewith in the Contract and in case of any breach of contract by the Client of the same, such sum is deemed to be taken away by All Translation Services.
Entire contract and applicable law
- This Contract includes the whole Contract between the Parties (Client and All Translation Services) and which further includes the subject matter, date and other terms and conditions delineated in the contract. The client in fully acknowledges the terms and conditions of the contract and it is by no means induced to sign or enter into the contract by the All Translation Services.
- Each Party entering into contract agrees to all the terms and conditions listed in the contract and that later it will not be held responsible that either of parties were not aware of any clause what so ever.
- The interpretation, construction, effect and enforceability of this Contract shall be applicable and governed within the jurisdiction of Indian Law and in Delhi Courts only.
Notices
- The notices will be in writing and in any electronic formats, facsimile etc. With regard to notices received via snail mails shall tantamount to serve three working days after the date of posting. Besides, any notice sent via e mail/facsimile and other electronic media shall tantamount to serve while time of transmission without delay.
Miscellany
- The headings delineated under the contract are for reference means only.
- Should any inconsistencies arise in any provision of the Appendices hereto and any provision of this Contract, the latter shall prevail.
- The words used in the context as singular shall also mean all the plural words, and the gender would include and mean both the genders.
- Any part of the contract if appears to be illegal or unenforceable, under rule of Indian Law, Judiciary system then such term or provision or part shall to shall not hold to form part of this Contract however the remaining points and provisions of the contract remain affected
- Whatever be the reason and in any circumstances this Contract is not intended to, or endow any benefit on any third party whether referred to the contract by name, class, description or otherwise.
- A period as described in the contract and a period of six months thereafter, the Client gives and confirms in writing that neither its subsidiaries or associated companies, (if any), will indulge in employment or solicit any other person for direct or indirect employment of any person presently employed by All Translation Services, or any person to whom work is subcontracted to by All Translation Services related directly or indirectly to this contract.
Terms and conditions for translators - Description
The Contract describes following terms meant for reference:
- “Translation Service (s)” describes Language works including but not limited to Translation, Interpretation, Transcription, Proofreading and Editing, Typing, DTP, etc.
- “Translator” means company who is providing services including but not limited to Translation, Interpretation, Transcription, Proofreading and Editing, Typing, DTP, etc.
- “Completion” describes the completion of the Translation Services/Translation work, and submitted to Translator endowing translation work on behalf of Translation Company.
- “Contract” describes professional association between the Translator and All Translation Services, which comprises Purchase Order accepted by All Translation Services and laid terms and conditions.
- “Contract Price” describes total price remitted to Translator by All Translation Services for the Translation Services as delineated in All Translation Services work/price quotation.
- “Translator” clearly describes an individual, company or organization for which All Translation Services offers Translation Services.
- In the contract, the term “Party” is described as party to this contract, which is All Translation Services and the Translator.
- “Purchase Order” describes document order issued or to be issued to Translator for carrying out Translation Work on behalf of All Translation Services.
Scope of work
- The Translator shall be committed to provide Translation Services by the Delivery Date(s) in lieu of payment by All Translation Services of the Contract Price following Acceptance within 30 days of receipt of valid and correct invoice. The delivery of order shall be maintained with strict time confidence.
- Translator will carry on its part All Translation Services, which also include all due despatch, care accuracy and attention, and strictly adhering to practices performed by established translators.
Translation defects
- Any perceptible major defects or error(s) in the Translation Services carried out by Translator for All Translation Services as described in Contract and brought to notice of All Translation Services shall not hold valid any payments in any form for the same. However, in wake of minor errors leeway may be guaranteed to Translator by paying amount as discrete by the All Translation Services after agreeing earnestly to investigate the prime reason for the defect, and follow effective procedures to remove those defects.
- In case the Translator independently carries out translation service for and on behalf of any third party or else communicates translation service to any third party, then the Translator shall be wholly and solely liable to such third party for any possible defect or error for dispensing Translation Services.
- Furthermore, the Translator will assure All Translation Services against all loss, actions, claims, costs, and liabilities of any type which All Translation Services might be imminent at common law or laid in statute against any loss, damage, personal injury or death undergone by a third party for any other unknown reasons or any error or defect in Translation Services or any other consequences in case of such error or defect.
Liabilities and indemnities
- All Translation Services is directly/indirectly not
responsible under no circumstances as highlighted in contract,
tort (including negligence or breach of statutory duty)
or otherwise
- for cost/expenses augmentation beyond the reason known,
- for improbable loss of profit and business,
- for any special, direct, indirect, and/or recurrent/non recurrent consequential damages of any sort.
- In addition, anything enclosed in the Contract, All Translation Services accountability to the Translator related to Contract, tort (including negligence or breach of statutory duty) or otherwise happening (except caused in wake of death or personal injury caused by the negligence of All Translation Services where liability is not limited) shall be limited and directed to the Contract Price.
- All Translation Services is completely liable to Translator under this Contract and regard to supposed negligence or omission of All Translation Services, (and of its employees, subcontractors or agents).
- In case of death injury, loss or damage caused by or resulting from any of the above clauses, applicable to complete exclusion of any other conditions, warranties, stipulations, or statements whatsoever, whether explicitly or implicitly by statute, common law or by description elsewhere and including, without limitation, any such conditions, warranties, stipulations or statements guaranteeing the fitness, performance, and the like.
- No payment will be made if the work will be submitted after the due time.
Insurance
- The Translator shall be responsible for maintaining an insurance policy under the contract, with an authorized insurance company of repute satisfactory to All Translation Services and ability to cover company’s liabilities under present Contract, including, besides all the liabilities under Clause 3.
- The Translator when required and requested shall produce a copy of said insurance policy to All Translation Services along with receipt for the payment of the current premium. For removing element of doubt, the Translator shall be held responsible under all the provisions of this Agreement, including, without limitation, Clause 3, irrespective of the fact whether the Translator complies with Clause 4.
Confidentiality
- All forms of oral, written, visual communications and other material in the form of diskettes, files, on line transfer supplied to/obtained by Translator in wake of the contract, besides any sort of information relating to any innovation and improvement or advice relegated to All Translation Services by the translators entered in this Contract will remain strictly confidential and shall only be divulged only if written understanding is entered between Translator and All Translation Services.
Intellectual property
- All intellectual/industrial property rights across the globe in patentable and non-patentable processes, discoveries, innovations etc. revealed or formed by the Translator in performing the here mentioned obligations whether directly or indirectly on any item of information is required to be kept utmost secret as delineated in Clause 5 and further shall be complete property of All Translation Services. As agreed and requested by All Translation Services the Translator shall (at the expense of All Translation Services) implement the documents and practically confide or perfect the confide of such property rights legally in the name of All Translation Services or any of its Nominee/Assignee thereof.
Termination
- In wake of Translator (entering into direct contract) result in material breach of the terms and conditions earmarked this Contract, and where such breach is susceptible for remedy but not remedied within 15-days notice from the innocent party, then the innocent party promulgating a notice to defaulter terminate the contract of business with immediate effect.
- All Translation Services is allowed to conclude this Contract in wake of Translator’s breach, should any material or documentation related to Translation Services purely considered at All Translation Services entire discretion, and understood as defamatory, libelous, malicious, obscene, or to breach the intellectual property rights of any third party, or to be against the law, irrespective of nature of breach.
Entire contract and applicable law
- This Contract includes the whole Contract between the Translator and All Translation Services, and which further includes the subject matter, date and other terms and conditions delineated in the contract. The Translator fully acknowledges the terms and conditions of the contract and, it is by no means induced to sign or enter into the contract by the All Translation Services.
- Translator and All Translation Services entering into contract agrees to all the terms and conditions listed in the contract and that later it will not be held responsible that either of parties were not aware of any clause what so ever.
- The interpretation, construction, effect and enforceability of this Contract shall be applicable and governed within the jurisdiction of Indian Law and in Delhi Courts only.
Notices
- The notices will be in writing and in any electronic formats, facsimile etc. With regard to notices received via snail mails shall tantamount to serve three working days after the date of posting. Besides, any notice sent via e mail/facsimile and other electronic media shall tantamount to serve while time of transmission without delay.
Miscellany
- The headings delineated under the contract are for reference means only.
- Should any inconsistencies arise in any provision of the Appendices hereto and any provision of this Contract, the latter shall prevail.
- The words used in the context as singular shall also mean all the plural words, and the gender would include and mean both the genders.
- Any part of the contract if appears to be illegal or unenforceable, under rule of Indian Law, Judiciary system then such term or provision or part shall to shall not hold to form part of this Contract however the remaining points and provisions of the contract remain affected.
- Whatever be the reason and in any circumstances this Contract is not intended to, or endow any benefit on any third party whether referred to the contract by name, class, description or otherwise.
- A period as described in the contract and a period of six months thereafter, the Translator gives and confirms in writing that neither its subsidiaries or associated companies, (if any), will indulge in employment or solicit any other person for direct or indirect employment of any person presently employed by All Translation Services, or any person to whom work is subcontracted to by All Translation Services related directly or indirectly to this contract.
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