Terms and conditions

November 26, 2016

Welcome to YLT Translations terms and conditions.

If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use.

Please see below for our client terms and conditions including our refund policy. If you need to contact us please email us on info@ylt-translations.com and include you name and job reference number.

Client Terms and Conditions.

These terms and conditions apply to each request for a quote from YLT Translations for provision of translation services and to the provision of services following acceptance by the client of a quote from YLT Translations.

1            Definitions: In these terms and conditions:

  •    “Accepted Quote” means a Quote which the Client accepts in writing to YLT Translations, including by the Client giving written notice to YLT Translations to proceed with the Services or by the Client clicking ‘Proceed’ or ‘Order Now’ on  a Quote (provided that the Client is not permitted to make any change to the Quote and if the Client does so the Quote is deemed to be not accepted by the Client);
  •       “Client” means the client that requests translation services from YLT Translations (or on whose behalf translation services are requested) as subsequently named in the Quote;
  •       “Confidential Information” means any proprietary information, know-how and data disclosed in confidence by one party to the other party (and including in the case of the Client the Source Materials and the Deliverables), but does not include any information which (a) is in the public domain; (b) on receipt by the other party is already known by that party; (c) is at any time after the date of receipt by the other party, received in good faith by that party from a third party; (d) required by law to be disclosed by the other party;
  •        “Contract” means a contract comprising an Accepted Quote and these terms and conditions;
  •       “Deliverables” means the final deliverables produced as a result of the Services;
  •      “Intellectual Property” includes all copyright, trademarks, designs, patents, domain names, concepts, know-how, trade secrets, logos and all other similar property and rights whether registered or unregistered;
  •      “Quote” means a quote issued by YLT Translations to the Client;
  •       “Services” means the services specified in the Quote;
  •     “Source Materials” means the document/s submitted by the Client to YLT Translations for translation, as identified in the Quote;
  •      “Website” means YLT Translations’ website at www.ylt-translations.com;
  •     “Working Day”  means every day for us (Monday to Sunday)

2            Requests for translation services

  •       Each request for translation services made to YLT Translations and supply of Source Materials to YLT Translations is made subject to these terms and conditions.
  •      No contract exists in respect of any request for translation services or in respect of any Source Materials that may be submitted to YLT Translations, unless and until there is an Accepted Quote. Once there is an Accepted Quote, a ‘Contract’ is formed between the Client and YLT Translations in respect of the Services described in that quote.
  •      Subject to clause below, YLT Translations will issue a Quote after receiving from a client a request for translation services made in accordance with the procedures used on the Website.
  •      YLT Translations reserves the right to decline to issue a Quote or to provide any translation services if the Source Materials contain any material which YLT Translations at its discretion (and without any obligation on YLT Translations to review the Source Materials for appropriateness, legality or otherwise) considers to be offensive, obscene, contrary to any law or otherwise considered by YLT Translations to be inappropriate.

3            Provision of Services

  •       Subject to receipt of all applicable amounts due from the Client, YLT Translations will provide the Services as specified in the Accepted Quote and in accordance YLT Translations’s standard practices and procedures including the practices and procedures as described on the Website at the time the Quote was issued to the Client.
  •      The Client must provide all information requested by YLT Translations (via the Website) in respect of the Services and ensure that all such information is accurate and complete.
  •        YLT Translations provides services at different specified quality levels. It is the Client’s responsibility to select the preferred level of service to suit its requirements. YLT Translations will deliver to the selected level of service as specified in the Accepted Quote and has no obligation to check whether that quality level is appropriate for the Client’s needs.
  •    YLT Translations has no responsibility to complete the translation for the price quoted if the word count and or nature of the translation varies from what was able to be gained from the Source Materials when first quoted.  YLT Translations will provide the Client with a corrected quote with the difference owing for completion of the job and amended delivery date if necessary.  The Client may opt to instead receive a full refund if the correct quote is not acceptable.
  •      YLT Translations has no responsibility to review the quality of the Source Materials for typographical or any other errors and has no liability to review the Source Material for or to correct any errors or omissions contained in any Source Materials regardless of the nature of such errors or omissions and regardless of the impact that such errors or omissions may have on the quality of the Deliverables.
  •         On completion of the Services and subject to receipt by YLT Translations of all amounts due from the Client, YLT Translations will issue the Deliverables to the Client.
  •     YLT Translations will issue the Deliverables to the Client in accordance with YLT Translations’s standard practices and procedures applicable at the time or as otherwise specified in the Quote. YLT Translations will use reasonable endeavour to issue the Deliverables on or before the agreed delivery date / time, or where no specific delivery date/ time is agreed within a reasonable time following receipt of the Accepted Quote, but YLT Translations accepts no liability for any delay in meeting the applicable timing.

4            Charges and payment

  •         The Client will pay all applicable fees as specified in the Quote, which will be due for payment or invoiced in accordance with clause below (as applicable) unless alternative timing for payment being due or invoices being issued is specified in the Accepted Quote.
  •       Client will pay 30% before the start of the project, if not agreed otherwise.

 

–         The remaining 70% of the total amount payable is due prior to release of the Deliverables to the Client; and

–          30% of the total amount payable is due prior to commencement of the Services;

 

–          If YLT Translations expects the duration of the Services to be less than 5 days, YLT Translations will issue invoices to the Client as follows: prior to commencement of the Services, 50% of the total amount payable for the relevant Deliverables; and

 

 

–         YLT Translations may charge interest on that amount at 10% per annum calculated from the due date up until the date that payment is received by YLT Translations

5           Payment methods

  • YLT Translations accepts bank transfers, credit card payments, Payoneer and PayPal transfers.

6            Refund policy

  •        YLT Translations will provide a refund to the Client in respect of the affected Services if:

–         Translation no longer required: the Client terminates a Contract (or partially terminates a Contract) under clause 10.1;

–         Non–Delivery of Translation: the electronic translation is not delivered to the Client after 4 Working Days from the delivery date specified in the Accepted Quote, provided that no refund will be made if the Client has not provided all required information to YLT Translations, as requested by YLT Translations, in a timely manner;

–         Translations not-as-required: the Deliverables as supplied to the Client are significantly different from the deliverables required by the Client as specified in the Accepted Quote (for example, the Deliverables are in the wrong target language); or

–         Translations contain gross errors: the Deliverables contain gross errors, provided that the Client must first, within the stipulated period, request revisions to correct any such errors and identify the errors in the Deliverable. If errors are identified or revisions are requested after the stipulated period, the Client will not be eligible for any refund.

–         In the event of any monetary refund, the return payment will be 100% of the amount paid by the Client for the affected Services less courier and handling costs, and only if the following actions/conditions have been completed/fulfilled within 10 Working Days of submission of the relevant Deliverable to the Client:

–        The request for a refund is received by YLT Translations, in writing via email sent to info@ylt-translations.com. The request for a refund must include: Job #, date of commissioning, name of company under which the service was commissioned, name of person the invoice was billed to, the e-mail address used at the time of the commissioning of the required service and the manner in which the service was paid for (eg Credit Card, Bank transfer etc.).

–       The Client completed the required checklist providing the appropriate background, overview, audience, language tone, reserved words and glossary terms as requested prior to dispatch of the any of the Source Materials by YLT Translations to a YLT Translations translator.

–       Where applicable the Client has clearly explained why any rectifications proposed by YLT Translations would not be effective.

–       An undertaking that is endorsed by the Client and submitted to YLT Translations that clearly states that the Client will not use the relevant Deliverables / translations delivered by YLT Translations in part or in whole for personal, business, commercial or any other purposes.

–        YLT Translations will endeavour to investigate and where applicable to process refunds within 5 Working Days of receipt of a refund request, but refund requests may take up to 2 weeks to investigate and process. A reply will be sent to the Client after YLT Translations has determined whether a refund is necessary. If YLT Translations determines that the refund request meets the requirements of this clause 5, YLT Translations will notify the Client in writing and advise the payment method that will be used to refund the monies paid.

7            Intellectual Property

  •         Nothing in this Contract transfers to YLT Translations, ownership of any Intellectual Property in the Source Materials or the Deliverables.
  •       All Intellectual Property in the processes, methodology and know-how used by YLT Translations in its performance of a Contract are and will remain the property of YLT Translations. Nothing in any Contract transfers to the Client any of YLT Translations’s Intellectual Property.

8            Confidential Information

  •         The parties recognise and acknowledge the confidential nature of the Confidential Information.
  •       Neither party may disclose any Confidential Information other than to its directors, employees, contractors or subcontractors to the extent necessary in the performance of the Contract.

 

9            Client warranties

  •       The Client represents and warrants to YLT Translations that:

–       it owns or has all necessary rights in the Source Materials to entitle it to submit the Source Materials to YLT Translations and to request the Services and that by doing so the Client is not infringing the Intellectual Property rights of any third party;

–      it will not submit and has not submitted anything to YLT Translations or to the Website and will not use anything in respect of its use of the Website, the Services or otherwise in connection with YLT Translations that will or could interfere with the functioning of YLT Translations’s systems and/or the Website; and

–      it has authority to enter into and perform and the ability to perform its obligations under this Agreement.

  •         The Client indemnifies YLT Translations against any losses, costs (including legal costs on a solicitor and own client basis), expenses, demands or liability whether direct, indirect, consequential or otherwise, and whether arising in contract, tort (including negligence), equity or otherwise, arising out of a claim by a third party where the claim arises from any breach of the representations and warranties made by the Client in this clause 8.

10            YLT Translations’s warranties

  •        YLT Translations warrants that it has authority to enter into and perform and the ability to perform its obligations under this Agreement.
  •         Except as expressly provided in these terms and conditions, all warranties, terms and conditions (including, without limitation, warranties and conditions as to fitness for purpose and merchantability), whether express or implied by statute, common law or otherwise, are excluded by YLT Translations to the extent permitted by law.

11         Termination

  •   The Client may, without cause, terminate a Contract (or, subject to this clause 10.1, part of a Contract) at any time up until 60 minutes after first payment in respect of that Contract has been received by YLT Translations, by giving written notification to YLT Translations within that 30 minute time period. The Client may only terminate part of a Contract where separate pricing is specified in the Accepted Quote for the Services no longer required. Where a Contract is partially terminated under this clause, the Client must, at the time of giving notice of termination, specify the Services that are no longer required.
  •     Without limiting any other rights or remedies that YLT Translations may have, YLT Translations may terminate the Contract on written notice to the Client if the Client fails to pay any overdue amount within five days following written notice from YLT Translations requiring payment.
  •     Without limiting YLT Translations’s rights under clause 10, either party may terminate the Contract immediately if the other party:

–        breaches any of its obligations under the Contract and fails to remedy the breach within 20 days of receiving notice requiring the breach to be remedied; or

–       becomes insolvent or goes into liquidation or has a receiver or statutory manager appointed over its assets or ceases to carry on business or makes any arrangement with its creditors.

  •      On termination of a Contract:

–      any amounts due to YLT Translations will become immediately due and payable;

–      the provisions of the Contract that are by their nature intended to survive termination will remain in full force.

 

12         Dispute resolution

  •     Where any dispute arises between the parties concerning a Contract or the circumstances, representations, or conduct giving rise to the Contract, neither party may commence any court or arbitration proceedings relating to the dispute unless that party has complied with the procedures set out in this clause 11.
  •      The party initiating the dispute (“the first party”) must provide written notice of the dispute to the other party (“the other party”) and nominate in that notice the first party’s representative for the negotiations. The other party must within seven days of receipt of the notice, give written notice to the first party naming its representative for the negotiations. Each representative nominated will have authority to settle or resolve the dispute.
  •      If the parties are unable to resolve the dispute by discussion and negotiation within 14 days of receipt of the written notice from the first party, then the parties must immediately refer the dispute to mediation.

 

13         General

  •      Entire agreement: Each Contract constitutes the complete and exclusive statement of the agreement between the parties, superseding all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of that Contract.
  •      Amendments: Except as specifically provided, no amendment to a Contract will be effective unless it is in writing and signed by both parties.
  •     Waiver: No exercise or failure to exercise or delay in exercising any right or remedy by a party will constitute a waiver by that party of that or any other right or remedy available to it.
  •      Partial invalidity: If any provision of a Contract or its application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of the Contract and its application will not be affected and will remain enforceable to the greatest extent permitted by law.
  •     Independent contractor: YLT Translations is an independent contractor to the Client and is in all respects independent of the Client. Nothing in any Contract constitutes either party a partner, agent, employee or joint venturer of the other.
  •      Suspension: YLT Translations may suspend performance of its obligations under a Contract for so long as it is unable to perform for reasons outside of its control.
  •      Assignment: The Client must not assign its rights under any Contract without the prior written consent of YLT Translations.
  •     Severability: If any provision of a Contract is held invalid, unenforceable or illegal for any reason, the Contract shall remain otherwise in full force apart from such provisions which shall be deemed deleted.
  •      Precedence: In the event of any conflict or inconsistency as between the Accepted Quote and these terms and conditions, unless specified otherwise in these terms and conditions, these terms and conditions will take precedence.