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In submitting linguistic work for completion, any
individual or corporate body (hereinafter referred to as the "Client")
enters into a binding agreement with GoLanguages.com (a trading name of
GoUK.com Ltd) (hereinafter referred to as "GoLanguages.com"), said
agreement being covered by the following terms and conditions:- |
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1.1 |
When commissioning linguistic work, the Client shall
clearly indicate the intended use of the linguistic work, e.g. whether
required for: |
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1.1.1 |
information only |
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1.1.2 |
publication and advertising |
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1.1.3 |
legal purposes or patent proceedings |
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1.1.4 |
any other purpose, where the particular rendering of
the linguistic work by the linguist employed is liable to be of
consequence. |
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1.2 |
The cost of the linguistic work shall be determined in
accordance with the appropriate scale of charges of GoLanguages.com
applicable to the particular type of linguistic work required. |
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1.3 |
Linguistic works by fax can only be supplied subject to
clause 1.1.1 above. |
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2.1 |
Should the Client desire to use the linguistic work for
another purpose than that for which it was originally supplied, the
Client shall obtain confirmation from GoLanguages.com or another
competent authority that the linguistic work is suitable for the new
purpose. |
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2.2 |
GoLanguages.com reserves the right to amend and adapt
such linguistic work previously supplied (if necessary) for the new
purpose and make a further charge for such work. |
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3.1 |
In the event of use of the linguistic work by the
Client for a purpose other than that for which it was supplied, the
Client shall not be entitled to any compensation by GoLanguages.com and
the Client shall indemnify GoLanguages.com against any loss arising to
GoLanguages.com in goodwill or otherwise as a result. |
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3.2 |
No Client who has been introduced to a Linguist by
GoLanguages.com may approach or Commission work of a linguistic nature
or otherwise with said Linguist for a period of twenty-four months after
the completion of a Commission completed by GoLanguages.com. Should a
Linguist introduced by GoLanguages.com approach a Client directly within
the same twenty-four month period, the Client shall forthwith notify
GoLanguages.com and refer the Linguist to GoLanguages.com. |
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4.1 |
Where the purpose of the linguistic work is not
disclosed to GoLanguages.com, GoLanguages.com shall execute the
linguistic work to the best of its judgement in accordance with one of
the purposes specified under 1.1 as if such purpose had been disclosed.
GoLanguages.com shall indicate the purpose for which the linguistic work
was supplied and will determine the charge accordingly. |
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Clauses 1.1.1, 1.1.2 and 1.1.3 shall be applicable
accordingly. |
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5.1 |
Quotations: Binding quotations shall not be
given against documents not seen by GoLanguages.com. Quotations for
material not seen shall be subject to confirmation of price on receipt
of the documents by GoLanguages.com. |
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6.1 |
Delivery: Where the Client requests return of
work by special courier service, the charges of the despatch firm will
be passed on by GoLanguages.com. |
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6.2 |
The Client shall give a clear indication of the
delivery requirements when submitting linguistic work for completion,
and GoLanguages.com will make every reasonable effort to meet the
Client's requirements. However, late delivery shall not entitle the
Client to withhold payment for work done, but subject to the provisions
of Clause 7 below. |
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7.1 |
Where a delivery date is a material part of a
Commission accepted by GoLanguages.com, this shall be disclosed by the
Client in advance. |
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7.2 |
GoLanguages.com reserves the right to sub-contract all
or part of the documents to a contractor of its choice in such an event
to meet the Client's requirements, unless expressly stipulated otherwise
by the Client, and the Client shall pay any reasonable additional
charges incurred by GoLanguages.com as a result. |
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7.3 |
GoLanguages.com reserves the right to suspend its
normal Scale of Charges when accepting a Commission, subject to terms of
the Clause, and shall be entitled to insist on special arrangements for
collection and delivery of such work. |
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7.4 |
In the event of GoLanguages.com failing to supply the
linguistic work accepted under the terms of this Clause at the agreed
time, the Client shall be entitled to a refund of all or part of the
agreed additional charges. |
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7.5 |
Should any linguistic work in whole or in part be
delivered too late for the Client's use, and be thus unacceptable,
GoLanguages.com requires the immediate return of the linguistic work
together with a signed disclaimer for the Client's right to use. |
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7.6 |
The Client reserves the right to refuse any commission
subject to this clause. |
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8.1 |
Force Majeure: In the event of a Force Majeure,
GoLanguages.com shall notify the Client without delay, indicating the
circumstances. Force Majeure shall entitle both GoLanguages.com and the
Client to withdraw from the Commission, but in any event, the Client
undertakes to pay GoLanguages.com for work already completed.
GoLanguages.com will assist the Client to the best of its ability to
place the Commission elsewhere. |
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8.2 |
Force Majeure shall be Strike, Lockout, Industrial
Dispute, Civil Commotion, Natural Disaster, Acts of War and any other
situation which can be shown to have materially affected
GoLanguages.com's ability to deal with the Commission as agreed. |
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9.1 |
Any dispute or difference between the parties in
connection with the Agreement shall be referred to professional
arbitration, the charges of such arbitration to be shared equally
between the parties. |
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9.2 |
The liability of GoLanguages.com to the Client under
this Agreement whether in respect of negligence breach of contract or
otherwise shall not under any circumstances exceed £5,000. |
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9.3 |
The decision of the Arbitration Tribunal shall be
binding on all parties involved and shall be final. |
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10.1 |
Payments: Fees are payable in full within 28 days from
the date of invoice. Any payment due to GoLanguages.com which is not
paid by the due date shall carry interest from such date until the date
of payment at 4% above the base lending rate for the time being of
Barclays Bank Plc. |
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10.2 |
Failure to adhere to the Terms of Payment agreed
between the Client and GoLanguages.com shall entitle GoLanguages.com to
abandon any Commission in hand, including Commission accepted subject to
the terms of Clause 7 of these conditions, without prejudice to any
rights of GoLanguages.com whatsoever. |
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10.3 |
Cancellation fees shall apply if a commission is
cancelled after
it has been booked by the client. |
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10.4 |
In the event of cancellation of the commission by the
Client after it has been booked, the Client
shall be liable for all work completed up to the cancellation date
in any form whatsoever including time for research or preparation
and for all other costs and expenses which may accrue as a result of
such cancellation in addition to 50% of the agreed fee, unless otherwise
agreed. |
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11 |
The Copyright of the translation is the property of
GoLanguages.com and will be passed on to the Client only after full
payment has been made for the translation. |
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12 |
These general Terms and Conditions of Service shall be
interpreted in accordance with the Law of England and Wales. |