IF YOU USE ANY OF OUR SERVICES, YOU ARE AGREEING TO OUR TERMS AND CONDITIONS.
The terms and conditions below are set forth by KONNECT Linguistics (Konnect Linguistics Ltd), in accordance with language services offered: Documents Translation, interpreting, localisation, editing, proofreading, conference interpreting, telephone interpreting, court interpreting, Transcription, Cross-Cultural Training and Awareness, Websites Translation etc.
All our linguists work as independent contractors and are not our employees. KONNECT LINGUISTICS cannot be hold vicariously liable for their actions. Konnect Linguistics Ltd is permitted to use other persons to provide some or all of the Translation Services.
1.1 In these Conditions, the following definitions apply: -
Administration Fee: means the fee payable by the Client to the Agency in the sum of Seventy-Five Pounds (£75) or in the case of Rare Language the sum of One Hundred and Fifty Pounds (£150).
Agency: means Konnect Linguistics Ltd (Company Registration Number: 12444157) of Union House, 111 New Union Street, Coventry, West Midlands, CV1 2NT.
Assignment: means each new task that the Agency’s independent contractor is required to do. If an Order contains multiple dates and/or times this refers to each individual day and/or time.
Business Day: means a day (other than a Saturday, Sunday or public holiday).
Cancellation Fee: means the fee payable by the Client to the Agency:
Cancellation incurs 25% of the quoted price, if cancelled on more than 72 hours prior to job commencement but less than 7 days. This includes time reserved for interpreting and time for travel. If KONNECT LINGUISTICS is given less than 24 working hours’ notice, then the client will be charged for the full booked project. If the interpreter has incurred any travelling expenses, these will also be added to the client’s final invoice.
Cancellation incurs 50% of the quoted price, if cancelled on between 48 and 72 hours prior to job commencement of the assignment. This includes time reserved for interpreting and time for travel. If KONNECT LINGUISTICS is given less than 24 working hours’ notice, then the client will be charged for the full booked project. If the interpreter has incurred any travelling expenses, these will also be added to the client’s final invoice.
Cancellation incurs 75% of the price if cancelled on between 24 and 48 hours prior to job commencement. This includes time reserved for interpreting and time for travel. If the interpreter has incurred any travelling expenses, these will also be added to the client’s final invoice.
Cancellation incurs 100% of the price if cancelled on less than 24 hours prior to job commencement. This includes time reserved for interpreting and time for travel. If the interpreter has incurred any travelling expenses, these will also be added to the client’s final invoice. Jobs that rescheduled or amended at short notice are classed as cancelled.
Amendments your booking: Any changes to a confirmed booking may incur an admin fee.
Cancellations incur 0% of the price reserved for interpreting and travel time if cancelled on 7 days or more prior to job commencement but might be subject to an admin fee.
Charges: means the aggregate of the Fee, Disbursements and Expenses payable by the Client for the supply of the Services in accordance with clause 5.
Client: means the person or firm who purchases Services from the Agency.
Commencement Date: has the meaning set out in clause 2.2.
Conditions: means these terms and conditions save that such terms and conditions shall be read in conjunction with the Order Confirmation and any conditions expressly set out in the Order Confirmation shall take precedence over these terms and conditions.
Contract: means the contract between the Agency and the Client for the supply of the Services in accordance with these Conditions.
Copyright: means the copyright of the Services and is the property of the Agency.
Delivery Date: means the date specified by the Agency when the Services are to be delivered or provided.
Disbursements: including any costs properly incurred by the Agency in supplying the Services to the Client.
Emergency Booking: means a booking on short notice giving the Agency 2 clear Business Days’ notice for standard languages and 5 clear Business Days’ notice for Rare Languages or as quoted in writing.
Emergency Translation: means an Order for the services of a Translator or Proof-Reading, deemed as being on short notice (urgent) by the Agency, at its discretion, as quoted in writing.
Expenses: including (but not limited to) the cost of the Agency, Translator, Interpreters travel (based on a per mile rate regardless of the mode of transport), parking and any travelling time (min. of 1 hour and with 30 min increments thereafter).
Fee: means the price for the Services (including travel time) excluding Disbursements and Expenses as set out in the Order Confirmation.
Intellectual Property Rights: means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in goodwill or to sue for passing off, unfair competition rights, rights in design, rights in computer software, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for an renewals of extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Intended Use: means for information and understanding purposes only.
Interpreter: means a third party who is an independent contractor and not an employee of the Agency and who deals with the spoken word.
Languages: means Albanian, Amharic, Arabic, Armenian, Belarusian, Bengali, Bulgarian, Cantonese, Catalan, Croatian, Czech, Danish, Dutch, Estonian, Farsi, Finnish, Flemish, French, Gaelic, German, Greek, Gujarati, Hebrew, Hindi, Hungarian, Icelandic, Indonesian, Italian, Japanese, Korean, Laotian, Latvian, Lithuanian, Macedonian, Malay, Mandarin, Norwegian, Polish, Portuguese, Punjabi, Romanian, Russian, Serbian, Slovak, Slovene, Spanish, Swahili, Swedish, Tamil, Thai, Turkish, Ukrainian, Urdu, Vietnamese, Welsh or other languages available on request but subject to availability.
Materials: means the documents, files, materials and work provided by the Client to the Agency for the purposes of carrying out the Services.
Order: means the Client's order for Services as set out in the Order Confirmation Form or the Client's written acceptance of the Agency's quotation as set out in correspondence between the Client and Agency and shall include those Emergency Bookings referred to in clause 5.1.4.
Order Confirmation: means correspondence issued by the Agency to the Client confirming they will provide the Services.
Proof-Reading Service: means an additional proof-reading service provided by the Agency of material supplied to the Client by the Agency for an additional Fee.
Rare Language: means an African language or a language that is otherwise defined as "Rare" by the Agency.
Reschedule: means any change to a confirmed order.
Services: means the Documents Translation, interpreting, localisation, editing, proofreading, conference interpreting, telephone interpreting, court interpreting, Transcription, Cross-Cultural Training and Awareness, desktop publishing and other services to be supplied by the Agency or a Translator or Interpreter chosen by the Agency using its absolute discretion.
Translator: means a third party who is an independent contractor and not an employee of the Agency who deals with the written word.
Travel time: means the time incurred whilst travelling by the interpreter from the point of departure (which may not be his/her home address) to the destination and vice versa.
Working Hours: means 09.00 to 17:00 hours during Business Days.
1.2 In these Conditions, the following shall apply:-
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a party includes its personal representatives, successors or permitted assigns,
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) any phrase introduced by the terms including, include in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) a reference to writing or written includes faxes and e-mails.
2. BASIS OF CONTRACT
2.1 The Order constitutes an offer by the Client to purchase Services from the Agency in accordance with these Conditions.
2.2 The Order shall only be deemed to be accepted when the Agency issues a written or email Order Confirmation at which point, and on which date the Contract shall come into existence (the Commencement Date).
2.3 The Contract constitutes the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Agency which is not set out in the Contract. Any samples, drawings, descriptive matter or advertising issued by the Agency, and any descriptions or illustrations contained in the Agency's catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them and shall not form part of the Contract nor any other contract between the Agency and the Client for the supply of the Services.
2.4 These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.5 Any quotation given by the Agency shall not constitute an offer and is only valid for a period of 1 Business Day from the date of its issue.
3. SUPPLY OF SERVICES
3.1 The Agency shall supply the Services to the Client in accordance with the Order in all material respects.
3.2 The Agency shall use all reasonable endeavours to meet any Delivery Date specified in the Order, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
3.3 The Agency shall use all reasonable endeavours to meet the requirements as set out in clause 3.2 above, but the Agency shall not be responsible for any delays in the Delivery Date caused by events beyond the Agency's control.
3.4 The Agency shall notify the Client, within a reasonable period of time from the Commencement Date in the event that they are unable to perform the Services, and as soon as possible if the Order is an Emergency Booking.
3.5 The Agency shall have the right to make any changes to the Services which are necessary to comply with any applicable law or which do not materially affect the nature or quality of the Services, and the Agency shall notify the Client in any such event.
3.6 The Agency warrants to the Client that the Services will be provided using reasonable care and skill, but the Agency offers no warranty as to the accuracy of the Services.
3.7 The Agency shall not be required to supply Services which involves Material submitted by the Client to the Agency, which in their opinion using their sole discretion, they consider of an obscene, blasphemous, illegal or libellous nature.
3.8 The Agency shall, unless otherwise stated or requested provide a Translator or an Interpreter that is qualified and/or experienced.
3.9 The Agency shall not provide a Court registered Translator unless specifically requested to do so by the Client in the Order.
3.10 The Agency shall apply changes/corrections to errors within 7 working days from receipt of the returned documents. The Agency shall not charge additional fees if the error/correction is the fault of Agency. The Client must return documents in original where applicable.
3.11 The Agency shall provide an interpreter based on availability not distance. The Client acknowledges that if the distance travelled by the interpreter is relevant to their order then this must be expressly specified in writing.
4. CLIENT'S OBLIGATIONS
4.1 The Client shall:-
4.1.1 ensure that the terms of the Order and any information it provides in the Order Confirmation and/or written correspondence are complete and accurate;
4.1.2 ensure that they clearly indicate the intended use of the Services and to confirm for what purpose the Services are required;
4.1.3 undertake that the Material submitted by the Client to the Agency shall not contain anything of an obscene, blasphemous or libellous nature and shall not (directly or indirectly) infringe Intellectual Property Rights of the Agency or any third party;
4.1.4 undertake that the Agency receives the Material required at the earliest opportunity to enable the Agency to undertake the Services by the Delivery Date;
4.1.5 undertake that the Services shall be used for the Intended Use only and shall not be used in a public forum nor used for commercial purposes unless the purpose has been agreed in writing by the Agency;
4.1.6 co-operate with the Agency in all matters relating to the Services and shall provide further information as and when requested to do so by the Agency;
4.1.7 provide the Agency, the Translator, the Interpreter, its employees, agents, consultants and subcontractors, with access to facilities as reasonably required by the Agency;
4.1.8 provide the Agency with such Material and information as the Agency may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects;
4.1.9 provide the Agency with such Material and information as the Agency may reasonably require subject to obtaining the owner's consent to the release of the Material and information;
4.1.10 undertake that any communication details shall be used solely in connection with the Services provided and that they will not share this information with third parties;
4.1.11 ensure that they specifically state if the Services will be required by a Court registered interpreter. If the Client fails to communicate this to the Agency at the time of booking then the Client acknowledges that the Agency provides no warranty that the Services will be provided by a Court registered interpreter; and
4.1.12 agree not to make any separate arrangements or transactions, whether directly or indirectly with any Translators or Interpreters, which has been provided by the Agency for the performance of the Order for a period of 6 months after the Commencement Date ("the Restrictive Period") and any such dealings by the Client or any person authorised by the Client during the Restrictive Period without the written consent of the Agency shall trigger a penalty fee of £450 ("the Penalty Fee") such Penalty Fee to be payable immediately upon demand to the Agency by the Client.
4.1.13 agree not to discuss any Fee or Charges with any Translators or Interpreters which has been provided by the Agency for the performance of the Order during or after the Contract without the written consent of the Agency.
4.2 If the Agency's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation ('Client Default') then:-
4.2.1 the Agency shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Client Default prevents or delays the Agency's performance of any of its obligations;
4.2.2 the Agency shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from the Agency's failure or delay to perform any of its obligations as set out in this clause 4.2; and
4.2.3 the Client shall reimburse the Agency on demand for any Fee payable for any work that has been completed at such stage, costs or losses Disbursements or Expenses sustained or incurred by the Agency arising directly or indirectly from the Client Default.
18.104.22.168 agree that where an order for an Interpreter is placed, the actual provision of the interpreter shall be of the essence and not the distance travelled by the interpreter.
22.214.171.124 agree to notify the Agency in writing if clause 4.2.3 does not apply.
4.2.4 agree that where an Order for Emergency Translation is placed, it does not include Proof-Reading unless expressly requested in writing and the Charges for this service paid/agreed to be paid.
5. CHARGES AND PAYMENT
5.1 The Charges for the Services shall be as follows: -
5.1.1 Based on the estimated Fees set out in the Order Confirmation together with all properly incurred Expenses and Disbursements. An estimate of the Fees for providing the Services shall be set out in the Order Confirmation but the Client acknowledges that a higher Fee may be charged by the Agency and be payable by the Client if the matter becomes protracted or unduly complicated due to the actions or additional requirements of the Client.
5.1.2 The Fee charged by the Agency to the Client involving Services of a translation nature shall be calculated on a price per word basis (such price per word being set out by the Agency in the Order Confirmation and the Client acknowledges that the price per word may be different depending on the nature of the Languages involved). Where a document to be translated is in a commonly used computer form (such as Microsoft Word) then the Agency shall be able to give an approximate word count for the purposes of calculating the Fee for this translation Services, Where the document is hand-written or in an unusual or uncommon format (to be determined by the Agency acting reasonably) then the Agency shall give an estimated word count for the purposes of calculating the Fee which the Client shall accept.
5.1.3 The Client accepts that any Interpreters provided shall be subject to a minimum booking of at least three hours per each assignment (this applies even when there are multiple assignments per day) and the Fee and Charges shall be construed accordingly.
5.1.4 The Agency shall be entitled to charge the Client for any expense reasonably incurred by the Agency, any Interpreters or Translators or other individuals whom the Agency engages in connection with the Services including, but not limited to, travelling expenses, travel time, subsistence and any associated expenses, and for the costs of services provided by third parties and required by the Agency for the performance of the Services, including the cost of any materials.
5.1.5 The Agency shall be entitled to charge an Administration Fee in the event that the Client requires minor amendments or minor changes to the Order Form or Order or changes to Services already provided, deemed to be minor by the Agency, at the discretion of the Agency, in addition to any additional Fees or Charges reasonably charged for additional work created by the amendments or changes requested by the Client.
5.1.6 The Agency shall be entitled to charge the Client a higher fee of 50% of the normal Charges for the Services ("Enhanced Fee") for any Emergency Bookings or as quoted in writing.
5.1.7 The Agency shall be entitled to charge the Client an Enhanced Fee where Services are provided on non-Business Days or out of Working Hours. Where the service provided is on non-Business Days or out of Working Hours and falls within Emergency Booking, as quoted in writing, then the Enhanced Fee is charged on each element separately.
5.1.8 The Agency shall be entitled to charge the Client on a 'material basis' for the Proof-Reading Service which will be dependent upon the length of text, subject matter and the output format. Medical, legal and material of a technical nature will attract a higher rate at the Agency's sole discretion.
5.1.9 The Agency shall be entitled to charge a fee of 100% of the Charges together with any Travelling Expenses that have been incurred if a) the Order is cancelled less than 1 clear Business Days before the Delivery Date or 5 clear Business Days before Delivery Date in the case of Rare Language, or b) if the Agency can demonstrate that the work has been materially completed prior to such cancellation or c) if any Expenses or Disbursements have been incurred prior to cancellation.
5.1.10 The Agency shall be entitled to charge a Full Cancellation Fee if an Order is cancelled giving 1 clear Business Days or more notice in writing or 5 clear business days or more notice in writing for Rare Languages.
5.2 The Agency shall invoice the Client on completion of the Service or on cancellation of the Service or at appropriate intervals to be determined by the Agency acting reasonably.
5.3 The Client shall pay each invoice submitted by the Agency to the Client:-
5.3.1 within 30 days of the date of the invoice OR on receipt of Proforma Invoice, as instructed in writing;
5.3.2 in full and in accordance with the instructions given by the Agency; and
5.3.3 time for payment shall be of the essence of the Contract.
5.4 Without limiting any other right or remedy of the Agency, if the Client fails to make any payment due to the Agency under the Contract by the Due Date, the Agency shall have the right to charge interest and compensation as provided by the Late Payment of Commercial Debts (Interest) Act 1998, whether or not the debt would otherwise fall within the provisions of the Act in full, whether before or after judgment.
5.5 Interest will accrue on a daily basis, and apply from the due date for payment until actual payment in full, whether before or after judgment.
5.6 The Client shall pay all Charges due under the Contract in full without any deduction or withholding except as required by law and the Client shall not be entitled to assert any credit, set-off or counterclaim against the Agency in order to justify withholding of payment of any such amount in whole or in part. The Agency may, without limiting its other rights or remedies, set off any amount owing to it by the Client against any amount payable by the Agency to the Client.
5.7 Payments should be made by BACS. Payments by cheque are subject to a fee of £3.50 per cheque. Payments by PayPal, credit card or debit card are subject to 3.5% surcharge.
5.8 In the event of any refund to a Client for a payment made by Paypal, credit card or debit card, a surcharge of 3.5% of the paid amount will be non refundable.
5.9 In the event that a third party has agreed to pay or is responsible for paying all or part of your costs, we may address our invoices to you and you will, in any event, be responsible for paying them. Whether or not we accept that any third party will pay any part of our invoices, we will not assume any responsibility to them, unless we expressly agree to do so.
5.10 The Agency does not offer Reschedule of confirmed orders. An order which is Rescheduled is deemed to be Cancelled and clauses 5.1.9 and 5.1.10 apply.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Agency.
6.2 The Client acknowledges, that in respect of any third party Intellectual Property Rights, the Client's use of any such Intellectual Property Rights is conditional on the Agency obtaining a written licence from the relevant licensor on such terms as will entitle the Agency to license such rights to the Client.
6.3 All Agency Materials are the exclusive property of the Agency.
7.1 The Client agrees and shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Client by the Agency and/or Translator, Interpreters, its employees, agents or subcontractors, and any other confidential information concerning the Agency's business or its products or its services which the Client may obtain.
7.2 The Client shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Client's obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Client.
7.3 This clause 7 shall survive termination of this Contract.
7.4 The Client agrees and shall at all times keep in strict confidence all Fee and Charges relating to the Contract and shall at no stage (other than with the written consent of the Agency) disclose or discuss the same with any Translator or Interpreter which has been provided by the Agency for the performance of the Order.
7.5 The Client agrees to the terms of Data Protection Privacy Notice (https://www.konnectlinguistics.co.uk/privacy-policy)
7.6 PLEASE NOTE: You shall and you hereby agree to indemnify the Agency and its affiliates and their officers, employees, agents and subcontractors (each an “Indemnified Party”) from and against any claims, losses, demands, actions, liabilities, fines, penalties, reasonable expenses, damages and settlement amounts (including reasonable legal fees and costs) incurred by any Indemnified Party arising out of or in connection with any breach by you of the warranties included in paragraph 9 of Data Protection Privacy Notice (https://www.konnectlinguistics.co.uk/privacy-policy).
8. LIMITATION OF LIABILITY - THE CLIENT'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
8.1 Nothing in these Conditions shall limit or exclude the Agency's liability for:-
8.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or
8.1.2 fraud or fraudulent misrepresentation.
8.2 Subject to clause 8.1 the Agency:-
8.2.1 shall not be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with the Contract including any losses that may result from a breach of the Contract by the Agency, its employees, agents or subcontractors (including Translators and Interpreters); and
8.2.2 shall not be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with the work delivered by a Translator/s provided by the Agency or Proof-Reading Service including any losses that may result from a breach of the Proof-Reading Service by the Agency, its employees, agents or subcontractors.
8.2.3 shall not be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with the work delivered by a Translator/s provided by the Agency for work which is deemed to be an Emergency Translation.
8.3 The Service shall be fit for its stated purpose and target readership and the level of quality specified in the Order Form or written confirmation of Order. Unless otherwise specified, the Services shall be deemed to be required for the Intended Use only and the Agency shall not be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with the Services.
8.4 The Agency shall use its best endeavours to achieve the Delivery Date, however the Agency cannot warrant the same and no liability shall attach to the Agency in the event of the Delivery Date being delayed. A delay in the Delivery Date shall not in any way constitute a breach of this contract.
8.5 The Agency's total liability to the Client in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the value of the Contract.
8.6 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
8.7 This clause 8 shall survive termination of the Contract.
9.1 Without limiting its other rights or remedies, the Agency may terminate the Contract with immediate effect by giving notice to the Client if the Client fails to pay any amount due under this Contract or any other contract on the due date for payment.
10. CONSEQUENCES OF TERMINATION
10.1 On termination of the Contract for any reason:-
10.1.1 the Client shall immediately pay to the Agency all of the Agency's outstanding unpaid invoices for Fees together with interest, and in respect of Services supplied, Disbursements and Expenses but for which no invoice has been submitted, the Agency shall submit an invoice, which shall be payable by the Client immediately on receipt;
10.1.2 the Client shall return all of the Agency's Materials which have not been fully paid for. If the Client fails to do so, then the Agency may enter the Client's premises and take possession of them. Until they are returned, of which the Agency is to acknowledge receipt, the Client shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract;
10.1.3 the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry;
10.1.4 clauses which expressly or by implication have effect after termination shall continue in full force and effect.
11. DISPUTE RESOLUTION
11.1 If any dispute arises between the Client and the Agency in respect of any Services supplied then either party must immediately make the other party aware of such a dispute.
11.2 If the Client wishes to lodge a complaint with the Agency then the Client should ensure that the Agency receives full written details of the complaint within 7 days from the Delivery Date which should be sent to the Agency's address addressed to the Agency or by email to the Agency.
11.3 All complaints received will be dealt with in an appropriate manner and in accordance with the Conditions.
12.1 Force Majeure
12.1.1 For the purposes of this Contract, a Force Majeure Event means an event beyond the reasonable control of the Agency including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Agency or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
12.1.2 The Agency shall not be liable to the Client as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
12.2 Assignment and Subcontracting
12.2.1 The Agency may at any time assign, transfer, charge, subcontract or deal in any other matter with all of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent including any Interpreter or Translator.
12.2.2 The Client shall not, without the prior written consent of the Agency, assign, transfer, charge, subcontract or deal in any other matter with all or any of its rights or obligations under the Contract.
12.6.1 The Client and the Agency shall ensure that in the performance of its obligations under these Conditions it will at all times comply with the relevant provisions of the Data Protection Act 1998.
12.6.2 The Client agrees that they will not engage in or contemplate engaging in any separate arrangements with Translators and Interpreters during an Order or for a period of one year after the Commencement Date and all correspondence must be made through the Agency.
12.6.3 Nothing in this Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other part in any way whatsoever.
12.6.4 A person who is a third party to the Contract shall not have any rights under or in connection with the Contract.
12.6.5 Any variation, including the introduction of additional terms and conditions, to the Order, shall only be binding when agreed in writing and signed by the Agency.
12.6.6 This Contract and Order, and any disputes or claims arising out of or in connection with them or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
IF YOU USE ANY OF OUR SERVICES, YOU ARE AGREEING TO OUR TERMS AND CONDITIONS.