Terms of service

 

These terms and conditions outline the rules and regulations for the use of ITL International Translations Limited’s Website.

ITL International Translations Limited is located at:

Unit F4, Pacific Road Business Hub,

Pacific Road,

Birkenhead,

Wirral

CH41 1LJ

United Kingdom

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use ITL International Translations Limited’s website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United Kingdom. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

Interpretation

1.1 In these Conditions, unless the context requires otherwise:

“Confidential Information” means information (in the form of documents, records, books, data and without limitation any other form) that you disclose to us in connection with the Services and which you specify is confidential information provided that information shall not be confidential if it is at the time it is disclosed to us in the public domain or comes into the public domain thereafter otherwise than by reason of our release of it.

“Contract” means these Conditions and the Order. In the event of any conflict or variation between these Conditions and the Order these provisions shall prevail.

“Intellectual Property Rights” means any rights in or to any patent, copyright, database right, registered design, design right, utility model, trademark, brand name, service mark, trade name, business name, chip topography right, know-how and any other rights in respect of any other industrial or intellectual property, whether capable of being registered or not and including all rights to apply for any such rights.

“Order” means an order placed by you from time to time for the Services.

“Material” means the documents, files, materials and works provided by you for the purposes of carrying out the Services.

“Services” means the provision of Translated Works or other translation and language services performed by us for you as set out in the Order.

“Conditions” means these Conditions.

“Translated Works” means the documents, files, materials and works translated and produced from the Material in accordance with your instructions and provided by us to you.

“We, us, our” means International Translations Limited (company number  01768839) whose registered office is at 28-30 Grange Road West, Birkenhead, Wirral, CH41 4DA, United Kingdom.

“You, your” means the company, firm, body or person to whom we are supplying the Services as set out in the Order.

1.2 The headings in these Conditions are for ease of reference only and do not affect their interpretation;

1.3 References to “documents”, “records”, “books” and “data” shall include information contained in computer programs and disks and records or graphic or other machine readable form or records kept otherwise than in a legible form but capable of being produced in a legible form;

1.4 Words of a technical nature shall be construed in accordance with general trade usage in the computer industry in England.

 

2. Services & Quotations

2.1 A legally binding Contract will only come into existence when we issue a written acceptance of your Order.

2.2 The Contract will be subject to these Conditions. Any variation of the Contract must be confirmed in writing by us. Any information contained in our brochures, catalogues or other published material shall not form part of the Contract nor does it constitute any representation upon which you rely in entering into the Contract.

2.3 Our written quotations will remain open for the placing of Orders for 2 months from the quotation date. Quotations in currency other than sterling are based on the rate of exchange at the quotation date. The price may be subject to revision upwards or downwards according to the prevailing rate of exchange at the date of invoice.

2.4 Quotations are issued on the basis of your Material, the purpose and subject matter of the Services to be provided and your instructions. We reserve the right to amend the quotation at any time if in our opinion the Material is inadequate or inaccurate of if your instructions change.

2.5 These Conditions apply to all Services provided to you by us.

 

3. Price & Payment

3.1 The price payable for the Contract shall be the quotation issued by us subject to any amendment as set out in Clause [2.3]. We reserve the right to make additional charges if, in our opinion, your material is inadequate or inaccurate or as a result of any inaccuracy or change in your instructions.

3.2 We shall invoice you for the Services and all appropriate taxes and expenses which we are required by law to collect. You shall be responsible for and shall indemnify us in respect of all and any penalties or interest on such taxes which arise howsoever and whatsoever directly or indirectly as a result of your delay in paying the same. For the avoidance of doubt our charges net of tax shall take priority over any taxes in the allocation of monies received from you.

3.3 Payment for the Services shall be made 50 % in advance and the remaining 50% on delivery on the service, or if you have a corporate account within 30 days from the date of invoice. All payments shall be made without deduction or set-off.

3.4 In the event that you fail to pay any invoice in accordance with these Conditions we shall be entitled to suspend any further work on the same Order or any other Order you have placed. Such rights are without prejudice to any other remedies we may have. Property in the Translated Works shall not pass to you unless and until payment therefore (together with any applicable interest has been made in full).

3.5 ITL understands and will exercise its statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998 if not paid according to agreed credit terms. This applies to all clients based in the UK or outside the UK.

 

4. Delivery

4.1 The dates for delivery of the Translated Works or the performance of the Services are approximate only and time shall not in any case be of the essence. Any delay shall not entitle you to reject delivery of the Translated Works and/or performance of the Services or to repudiate the Contract except pursuant to paragraph 4.2.

4.2 In the event that any delay in delivery of the Translated Works or the performance of the Services is due to act of God, fire, tempest, industrial action, hostilities, governmental order or intervention or any other cause beyond our reasonable control we will advise you. In the event that such circumstances prevail for a period in excess of 3 months you will be entitled to cancel the Order by notice in writing.

4.3 The despatch of the Translated Works (whether by post, facsimile or e-mail or to a courier) shall constitute delivery to you. The risk in the Translated Works shall pass to you on despatch.

 

5. Our Responsibility & Liability

5.1 The Services shall be carried out using reasonable skill and care in accordance with the standards of the industry.

5.2 To the extent permitted by law no terms conditions or warranties express or implied shall be incorporated into the Contract other than as set out in these Conditions.

5.3 You acknowledge that any Material which you submit to us and any Translated Works we submit to you over the internet cannot be guaranteed to be free from the risk of interception even if transmitted in encrypted form and that we have no liability for the loss, corruption or interception of any of your Material or our Translated Works.

5.4 Save in respect of death or personal injury resulting from our negligence and subject to clause 5.5 our liability to you in respect of the provision of the Services and/or the Translated Works shall be limited as follows:

5.4.1 We shall not be liable for loss of profits, business contracts, revenue, damage to your reputation or goodwill, anticipated savings, and/or any other indirect or consequential loss or damage whatsoever;

5.4.2 Our entire liability to you under any Contract shall not exceed the price payable to us by you under the Contract to which any claim relates.

5.5 No claim arising out of the provision of the Services and/or the Translated Works shall be accepted unless you notify us within 30 days of delivery of the Translated Works of such claim together with full details thereof.

5.6 You must notify us within 30 days of delivery of the Translated Works of any alleged inaccuracies in the Translated Works, at which point our liability will be no more than to rectify any such alleged inaccuracies, that we feel to be justified, to our satisfaction. At no time will such allegations delay payment.

 

6. Your Responsibility & Liability

6.1 You will be responsible for ensuring that your instructions and any specific requirements are unambiguous and that the Order you place is correct.

6.2 When ordering a translation service, you will always provide exhaustive and detailed instructions about all relevant aspects of the assignment. In the case of a translation assignment, you will clearly indicate the target group and intended use of the translation, e.g. whether required for:

• information only
• publication and advertising
• legal purposes or patent proceedings
• any other purpose, where the particular rendering of the text by the translator employed is liable to be of consequence.

6.3 You warrant, represent and undertake that the Material submitted by you shall not contain anything of an obscene, blasphemous or libelous nature and shall not (directly or indirectly) infringe the Intellectual Property Rights of any third party.

6.4 Where the purpose of a translation is not disclosed to us, we will execute the translation to the best of its judgement in accordance with one of the purposes specified in the above itemisation as if its purpose had been disclosed.

6.5 Should you wish to use a translation for a purpose other than that for which it was originally supplied, you will obtain confirmation from us or another competent authority that the translation is suitable for the new purpose.

6.6. If you use a translation for a purpose other than that for which it was supplied and such usage fails to meet expectations, you will not be entitled to any compensation from us, and you will indemnify us against any loss arising to ITL Translations Limited in goodwill or otherwise as a result.

6.7 Unless otherwise agreed by us, you (which for the purposes of this clause includes any of your associated companies) shall not, for a period of 12 months after termination of the Contract (for whatever reason), either directly or indirectly, on your own account or for any other person, firm or company, solicit, employ, endeavour to entice away from us or use the services of a translator or interpreter who has provided the Services and/or Translated Works to you on our behalf under the Contract (“Translator”). In the event of your breach under this clause, you agree to pay us an amount equal to the aggregate remuneration paid by us to the Translator for the year immediately prior to the date on which you employed or used the services of the Translator. For the avoidance of doubt the identity of a Translator in respect of any Contract shall be confidential and the disclosure of such identity to a third party for the purpose of the use, employment or engagement by that third party for the provision of services identical or similar to those provided by us shall constitute a breach by you of this clause.

6.8 Should any part of clause 6.3 be adjudged to be unreasonable or illegal then it shall be challenged only to the point of reduction to the lowest reasonable remedy and in any event shall not affect the validity of any other part of that clause or the Contract as a whole.

6.9 You agree, upon demand, to indemnify us and keep us indemnified (which for the purpose of this clause includes our employees, agents and sub-contractors) against all proceedings, claims, losses, damages, costs and expenses (including legal costs on a full liability basis) arising howsoever and whatsoever directly or indirectly from:

6.9.1 the use or possession by us of any Material provided by you in relation to the provision of the Services, including the breach of any Intellectual property Rights of any third party in or to any such Material;

6.9.2 the processing by us of any data (where “processing” and “data” have the meaning given in section 1(1) of the Data Protection Act 1998) in the provision of the Services as set out in clause 9 below;

6.9.3 any breach of warranty given by you in this clause 6; or

6.9.4 any other breach by you of these Conditions.

6.10 In the event you require us to provide the Services on your premises you shall;

6.10.1 assign members of staff with suitable skill and experience to be responsible for our activities;

6.10.2 provide such access to premises, interpretation systems or other facilities which may be reasonably required by us;

6.10.3 provide such information as may be required by us to carry out the Services and ensure that such information is correct and accurate;
6.10.4 ensure that all necessary safety and security precautions are in place at your premises.

6.11 We shall not be obliged to continue to perform the Services where we consider, at our sole discretion, this would constitute a breach of warranty given by you in this clause 6, an illegal act or a safety hazard.

6.12 You agree that upon completion of the Contract you shall not use the Translated Works for any illegal or immoral purpose and that upon any publication by you of the published Translated Works you agree to identify us as the author of the same and we hereby notify you that we do not waive our right to object to derogatory treatment of the Translated Works.

 

7. Termination

7.1 If you cancel, reduce in scope or frustrate (by an act or omission on your part of any third party relied upon by you) the Contract, the full price for the Contract shall remain payable.

7.2 We shall be entitled to terminate the Contract immediately by written notice to you if: 7.2.1 you commit a material breach of the Contract and, in the case of such a breach being capable of remedy, you fail to remedy the same within 7 days of receipt of a written notice requiring you to do so;
7.2.2 you may make any voluntary arrangement with your creditors or (being an individual or firm) become bankrupt or (being a company) become subject to an administrative order to go into liquidation, or an encumbrance takes possession or a receiver is appointed over any of your property or assets, or you cease or threaten to cease business, or an equivalent or analogous event occurs in any other jurisdiction.

7.3 Termination of the Contract shall not prejudice any rights or remedies that may have accrued to either party.

 

8. Dispute Resolution

8.1 If any dispute arises between the parties in respect of any Contract, then such dispute shall at the request of either party be referred to a person agreed between the parties (or in default of agreement to a person chosen on the application of either party to the Chairman or General Secretary for the time being of the Association of Translation Companies or Institute of Translation and Interpreting).

8.2 Such a person shall be appointed to act as an expert and not as an arbitrator and the decision of that person shall be final and binding.

8.3 The cost of such an expert shall be borne equally by the parties unless such expert otherwise directs.

 

9. Cookies

We employ the use of cookies. By using ITL International Translations Limited‘s website you consent to the use of cookies in accordance with ITL International Translations Limited’s privacy policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate/advertising partners may also use cookies.

 

10. License

Unless otherwise stated, ITL International Translations Limited and/or it’s licensors own the intellectual property rights for all material on ITL International Translation Limited All intellectual property rights are reserved. You may view and/or print pages from http://www.itltranslations.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

  • Republish material from http://www.itltranslations.com
  • Sell, rent or sub-license material from http://www.itltranslations.com
  • Reproduce, duplicate or copy material from http://www.itltranslations.com

Redistribute content from ITL International Translations Limited (unless content is specifically made for redistribution).

11. User Comments

  1. This Agreement shall begin on the date hereof.
  2. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. ITL International Translations Limited does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of ITL International Translations Limited, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws ITL International Translations Limited shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
  3. ITL International Translations Limited reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
  4. You warrant and represent that:
    1. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
    2. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary rights of any third party;
    3. The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
    4. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
  5. You hereby grant to ITL International Translations Limited a non-exclusive royalty-free license to use, reproduce, edit and authorise others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

12. Hyperlinking to our Content

  1. The following organizations may link to our Website without prior written approval:
    • Government agencies;
    • Search engines;
    • News organizations;
    • Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
    • Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
  1. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
  2. We may consider and approve in our sole discretion other link requests from the following types of organizations:
    • commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
    • dot.com community sites;
    • associations or other groups representing charities, including charity giving sites,
    • online directory distributors;
    • internet portals;
    • accounting, law and consulting firms whose primary clients are businesses; and
    • educational institutions and trade associations.

We will approve link requests from these organisations if we determine that: (a) the link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organisations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organisation does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ITL International Translations Limited; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organisation.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are among the organisations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to admin@itltranslations.com. Please include your name, your organisation name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator (Web address) being linked to; or
  • By use of any other description of our Website or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of ITL’s logo or other artwork will be allowed for linking absent a trademark license agreement.

 

13. Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

 

14. Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

 

15. Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Website, you agree to be bound to and abide by these linking terms and conditions.

 

16. Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

 

17. Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our or your liability for death or personal injury resulting from negligence;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.