These General Terms and Conditions apply to all present and future business relations of Alexander Saksonov (Translator) with his Clients. Orders will be completed in accordance with the conditions below.
The fee to be charged shall be determined on the basis of the quotation provided at the time of acceptance of order.
Additional services such as DTP layout, printing, HTML files etc. may be subject to separate agreement and shall be invoiced separately. Any expenses for extra requirements such as express delivery, delivery on a data carrier or additional print-outs shall be charged extra.
If any changes are made in the text or the Client’s requirements at any time while the task is in progress, Translator’s fee, any applicable supplementary charges and the terms of delivery shall be adjusted in respect of the additional work.
Delivery dates shall not be valid unless they have been expressly confirmed by Translator.
The translation shall be delivered to the Client by way of the agreed means (e-mail, postal, courier, ftp-server).
Should a delay in delivery by Translator occur, Translator shall first be granted a reasonable additional period for completion. Only upon expiration of this additional period without completion of performance shall the Client be entitled to demand cancellation of the contract or reduction of the price. Any further claims are excluded. The Client remains liable for payment for the work performed by Translator up to the time of the Client's threat of refusal.
The Client shall not be entitled to claim cancellation or reduction if the delay is due to force majeure or other circumstances over which Translator has no control.
Payment in full to Translator shall be effected by the method of payment specified within the term agreed at the time of order acceptance.
For long assignments or texts, Translator may request an initial payment and periodic partial payments on terms to be agreed.
If the Client places an order and then cancels it without having the statutory or contractual right to do so, Translator is entitled to charge the actual costs incurred to date to the Client's account.
The copyright and all rights of use of translations, text adaptations, terminology data banks, and documentation produced by Translator are retained by Translator until complete payment of the invoice has been made to Translator. These rights pass to the Client only after receipt of the full invoiced amount.
No documents for translation shall be deemed to be confidential unless this is expressly stated by the Client.
However Translator 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.
Failure by Translator 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 Translator has been given one opportunity to bring the work up to the required standard. This entitlement shall not apply unless Translator has been notified in writing of all alleged defects.
The liability of Translator on any grounds whatsoever shall be limited to the invoiced value of the work.
Any complaint in connection with a translation task shall be notified to Translator by the Client (or vice-versa) within one month of the date of delivery of the translation.
In the event that any of these provisions is or are invalid, the validity of the remaining provisions shall be unaffected.
Divergent terms of the Client, unless expressly agreed to in writing by Translator, are not binding for Translator and shall be regarded as refused. Verbal agreements shall not be legally valid unless confirmed by Translator in writing.
Place of performance and jurisdiction for all claims and legal disputes arising out of the contractual relationship shall be the seat of Translator. Ukrainian law applies.