Isarey Lda.

Terms and Conditions (provision of translation services)



Please read these terms and conditions carefully before agreeing to them:

The following terms and conditions shall govern the provision of translation and related services by Isarey Lda.

DEFINITIONS:

'the company', 'us' and 'we' shall mean or refer to the company Isarey Lda. (Portugal)

'the translation' shall mean a translation, proofreading or other work performed by us and shall include related work, such as, but not limited to, formatting, design work, printing and layout work.

'the customer', 'you' and 'your' shall mean or refer to the natural or legal person who orders the translation work.

'delivery period' shall mean the period taken by us to do the translation and deliver it you as specified in the quotation, calculated using a period of weeks, months or working days, subject to certain conditions below.

'original text' shall mean the text in the source language as submitted by you.

'translated text' shall mean the text in the target language as translated by us and delivered to you.

'Quotation' means the offer by us to perform the translation that you have submitted and between the languages and according to the delivery period that you have specified.

1. TIMES

All times referred to in these terms and conditions shall be local time in Portugal, and working days shall be taken to mean all days excluding weekends and official national holidays in Portugal.

2. COPYRIGHT AND PAYMENT

You expressly agree that Isarey Lda. shall retain full copyright and ownership of all translations until such time as respective payments have been made in full and you undertake that in event that you supply the translation to any third party prior to the full settlement of payment that you will secure the same express agreement from such parties before providing them with the translation.

In the event that you fail to comply with the agreed payment terms, you agree that you and any third party will forfeit all rights to the translation, including the right to copy, store, publish or profit from the content therein, which rights shall revert in full to Isarey Lda..

3. CONFIDENTIALITY

While we will take reasonable measures to protect the confidentiality of the texts you provide us, you agree to notify us if you require any additional measures or if you consider the texts to be particularly confidential or sensitive. In the absence of such notification we do not accept any liability for breach of confidentiality except where such breach has occurred as a result of a failure on our part to implement normal and reasonable safeguards.

4. ILLEGAL CONTENT

We reserve the right to refuse any translation where we deem, without any obligation to give a reason, that the content may be indecent, libellous, defamatory, an infringement of copyright or in any way illegal. At the same time you warrant that any translations submitted to us does not contain such content. The company shall not be held liable for, and you agree to hold the company harmless to the full extent and indemnify the company in respect of, any claim, cost or expense whatsoever arising from any unlawful or illegal content of any translation carried out by the company at your request as well as any claim arising from any infringement of copyright.

5. CANCELLATIONS AND AMMENDMENTS

Once you agree to this quotation, you agree that we may start work immediately and that therefore in the event you subsequently cancel the order you will pay a cancellation charge as follows depending on when you notify us of cancellation in respect of the agreed deadline. The cancellation will be charged in proportion to the number of working days which have elapsed following agreement to the quotation in respect of the deadline agreed.

For example in the event that two working days have elapsed prior to cancellation of a total deadline of four working days, 50% of the total charge will be payable. In addition a fee of 25% of the total of the quotation will be charged. However the total charge in respect of cancellation shall not exceed the total of the quotation and shall not be less than 25% of the total project.

In the event that, at any time following agreement to the quotation, you wish to make changes to the text, you agree that we may charge for such amendments at a rate to be agreed or may impose an alteration of the agreed deadline, irrespective of whether the text affected has already been translated and whether or not such amendments increase the volume of text to be translated. We are not obliged to make any refund or reduction to the quotation in respect of any amendment, even where such amendment reduces the volume of text to be translated.

6. DELIVERY PERIOD

We undertake to make every reasonable effort to deliver the translation according to the delivery period agreed, but will not be held liable for any delays which occur as a result of the following:

(a) unclear, unambiguous text in the original;

(b) force majeure or any other event beyond our control;

(c) computer errors or viruses in files provided by you;

(d) amendments made by you following acceptance of the quotation;

(e) delays arising as a result of you not responding in a timely manner to reasonable requests by us for clarification in respect of the original text.

Otherwise we agree that, in the event that we fail to deliver the translation on time, we shall reduce the total amount charged for the translation as follows:

By 5% for each day of delay where the agreed deadline is greater than ten working days, and by 10% per day where the agreed deadline is less than ten working days. The total discount shall not exceed 50% of the total value and shall not be less than 20% of the total value. This reduction constitutes the total of our liability in the event that we fail to deliver the translation according to the agreed deadline.

7. TRANSLATION ERRORS

The company's liability for any error, omission or addition made in any work carried out by the company shall not exceed the price quoted for the translation to which it relates.

The client agrees to indemnify the company against all and any claims and demands upon the company, including claims by third parties for any consequential or indirect loss or damage arising from a translation, where the total of such claims exceeds the price quoted for the translation.

The company will not be liable for any indirect loss or damage whatsoever arising from any computer virus or other malicious code contained within any electronic communication sent by the company to the client.

8. TECHNICAL AND STANDARD TRANSLATIONS

If it is stated that the translation is a standard translation and not a technical translation, it is agreed that the translation does not contain vocabulary or terminology that is not used in every-day speech, that is particular to any field or industry, has particular legal meaning or that has a meaning that is different to its meaning in every day speech.

Where we carry out a translation as a standard translation, we will not be held liable for any errors in legal or technical language and terminology and you agree that no refund or discount will be made in respect of such errors.

9. MEANS OF DELIVERY

Translations will be delivered by email, fax, ftp, or by normal post (posted from Portugal) in either document form or electronically stored form, except where another type of delivery has been previously agreed. Delivery will be deemed to have taken place at the time of sending the document by email or fax or at the time of posting.

10. COMPLAINTS

In the event that you are not satisfied with the translation carried out by the company, this must be communicated to the company within 30 days of delivery. Thereafter any changes or reworking of the translation may be carried out at the client's expense.

11. WAIVER

If we do not enforce, or we agree with you to amend these conditions or provisions thereof, we will still be entitled to enforce the remaining conditions, and the provision that we did not enforce shall remain enforceable in the future. In the event that any provision of these conditions is deemed to be unenforceable or invalid, the remaining provisions shall remain enforceable and binding.

12. Jurisdiction

These conditions shall be governed by the law of Portugal. You expressly agree that any dispute arising from the provision of translation work or other work by Isarey Lda. shall be submitted to the law courts of Portugal.




Isarey Lda.