1. Role of the Institute of Linguists, Sveriges Facköversättarförening and the ADÜ Nord The Institute of Linguists (Great Britain), Sveriges Facköversättarförening (Sweden) and the ADÜ Nord (Germany) are professional bodies of qualified linguists. To be admitted to any of its grades, applicants have to fulfil stringent admission criteria and, once admitted, they are governed by a Code of Professional Conduct, a copy of which is available on request. Elke Hockings is a full member of all three organisations. They will investigate complaints about any alleged breaches of that Code to which Elke Hockings, as a Member, is bound. However, these organisations are not involved in the contract between Elke Hockings and her Client. 2. Applicable law These Terms of Business shall be interpreted in accordance with the laws of Sweden. 3. Definitions In these Terms of Business: a) the Client is the person or corporate body that places a commission; b) the Translator/Interpreter is the practitioner Elke Hockings who accepts the commission; c) the commission is the assignment or work placed with the Translator/Interpreter by the Client and may comprise translations, editing and proof-reading as well as interpreting work; d) the source language is the language out of which a translation/interpretation shall be rendered; e) the target language is the language into which a translation/interpretation shall be rendered; any text to be edited or proof-read will also be in the target language; f) requirements may include the layout, software, deadlines, target language, the purpose of the commission (e.g. whether for publication or for information only), method of delivery, specialist terminology and house-style, responsibility for proof-reading, transport (including parking), accommodation, unsocial hours. 4. Purpose These Terms of Business are intended as a basis: a) for executing commissions and will be made available to the Client on request; b) for a good working relationship between the Client and the Translator/Interpreter. 5. Acceptance Having regard to the Translator’s/Interpreter’s other commitments, the Translator/Interpreter shall not be obliged to accept a commission if the Client asking for a quotation fails to place the work by the agreed date. 6. Delivery date of translations The delivery date of translations shall be binding only when the Translator/Interpreter has had full sight of the material to be translated. This date may be subject to alteration if any amendment is made to the requirements after the commission has been placed. The Client undertakes to deliver the source text by the agreed date. The Translator/Interpreter shall not be held responsible for any loss, damage or late delivery of the finished work due to failure of the postal or telecommunication services or to force majeure (see Clause 15). 7. Fees 7.1 Fees/rates shall be agreed before work is commenced and any estimate based on the Client's description of the work shall not be binding until the Translator/Interpreter has submitted a quotation based on full sight of the commission. 7.2 Fees/rates may be varied after work has commenced if it emerges that not all the relevant information has been provided and/or if there are any changes to the agreed requirements. 7.3 The basis on which fees are calculated shall be agreed before work commences, as shall the charges to be made for any additional requirements (e.g. recorded delivery, courier charges). 7.4 All work must be paid for. Since the Translator/Interpreter is a full member of the Institute of Linguists, Sveriges Facköversättarförening and the ADÜ Nord, the Translator/Interpreter will not provide free "test" translations/interpretations. 7.5 Final proof-reading or editing of the translations in case of publication are not automatically part of the commission and shall be negotiated separately. 8. Payment 8.1 Payment shall be made within one month of date of invoice. In case of overdue payments, interests of 17 % and an administration fee of 150 SEK for each reminder are charged. 8.2 In the case of long commissions, the Translator/Interpreter may require payment in instalments. 9. Cancellation 9.1 Cancellation fees shall apply if a commission is cancelled after work has commenced. 9.2.1 In the event of cancellation of the commission by the Client after it has been placed, the Client shall be liable for all work completed up to the cancellation date and for all other costs and expenses which may accrue as a result of such cancellation in addition to 75% (seventy five percent) of the agreed/estimated fee based on the rate specified in 7.3, unless otherwise agreed. 10. Intended use of translation/interpretation The intended use of the translation/interpretation shall always be agreed and stated. The Client shall not use the translation/interpretation for any other purpose without the agreement of the Translator/Interpreter. 11. Original text copyright and translation/interpretation rights 11.1 If the source language text is in copyright, the Translator/Interpreter shall only accept the commission on the understanding that the Client, a) has obtained the translation rights, or b) will be using the translation only for private study. 11.2 The Client shall hold the Translator/Interpreter harmless from any claims for infringement of copyright and/or translation rights and also from any legal action which may arise from the contents of the original. 12. Copyright in translation/interpretation 12.1 When it is agreed that copyright is to be assigned to the Client after the translation/interpretation, such copyright shall only be assigned when full payment for the commission has been received. Until such time, the copyright shall be owned by the Translator/Interpreter. 12.2 Copyright may exist in written or spoken material including recorded material in analogue or digital electronic format. 12.3 If the Translator/Interpreter assigns copyright and the translation/interpretation is subsequently published, the Translator/Interpreter expects the Client to acknowledge the Translator’s/Interpreter’s work, unless otherwise agreed (for example, in the case of promotional material). 12.4 The incorporation of the delivered translation into a translation memory is only permitted with a license issued by the Translator/Interpreter for this purpose. 12.5 If the translated/interpreted material is in any way amended or altered without the Translator’s/Interpreter’s written permission, the Translator/Interpreter shall not be in any way liable for the amendments made or their consequences. 13. Confidentiality 13.1 The various Codes of Professional Conduct (Clause 1) require the Translator/Interpreter to treat all commissions in complete confidentiality. In accordance with the requirements of these Codes, the Translator/Interpreter will not make direct contact with the Client's clients without the express permission of the respective Client. 13.2 The Translator/Interpreter shall not make copies of the material delivered in addition to those required in the normal conduct of business, and copies shall be for internal use only. Only such copies shall be retained as are required for professional indemnity insurance. 13.3 As required by the Codes of Professional Conduct (Clause 1), the Translator/Interpreter shall ensure that the need for confidentiality is made known to any third parties (typists, colleagues, proofreaders, etc.) the Translator/Interpreter may employ. When necessary, the Translator/Interpreter may consult with colleagues about problems of terminology and other linguistic matters, but the Translator/Interpreter shall ensure in all cases that there is no disclosure of confidential material. 13.4 The Client shall not disclose to third parties any information relating to the Translator’s/Interpreter’s fees and working methods without the Translator’s/Interpreter’s permission. 14. Responsibility and Liability The Translator/Interpreter shall carry out translations/interpretations with reasonable skill and care and in accordance with the Codes of Professional Conduct (Clause 1). The Translator/Interpreter shall endeavour to ensure that the translation/interpretation is suitable for its agreed purpose and target group. 15. Force Majeure In the event of the Translator/Interpreter being unable to complete the work within the agreed time as a result of force majeure (i.e. fire, storm, flood or any other natural disaster, industrial dispute, civil commotion, acts of war, terrorism or any other situation beyond the Translator’s/Interpreter’s control), the Translator/Interpreter shall notify the Client of the circumstances, which shall entitle the Client and the Translator/Interpreter to terminate the contract. The Client shall pay the Translator/Interpreter for any work completed; and the Translator/Interpreter shall assist the Client to place the work elsewhere or take some other remedial action. 16. Complaints Any complaint by the Client about the Translator’s/Interpreter’s work should be submitted to the Translator/Interpreter within 28 days after delivery of the translation or after the interpreting assignment, otherwise the Client looses his right to compensation. |
