Terms and Conditions
General Terms and Conditions
YES TRANSLATION hereinafter referred to as the Company offers and services on the basis of these General Terms and Conditions (GTC) as amended from time to time. In issuing a contract the Client recognizes and accepts these General Terms and Conditions. Other General Terms and Conditions do not apply, unless we have agreed to them in writing.
These General Terms and Conditions apply to collective business transactions between Yes Ecommerce & Translation Services "YES TRANSLATION (the Company)" and the Client. They apply to the entire business relationship, including future contracts. Clients are legal persons as well as individuals.
PLACING AN ORDER, CLIENT'S OBLICATIONS
- The Client shall place an order for services via email, fax, post or telephone. The consequences of shortcomings or delays which result from an unclear, incorrect or incomplete formulation of the assignment on the part of the Client are to be borne by the Client.
- The Client has an obligation to co-operate thoroughly. Orders are to include the Client’s stipulations in respect of the target language, the subject area and the intended purpose of the text, particular special wishes in respect of terminology, and in respect of layout (external appearance of the translation, storage on specific media etc). In the case of complex specialist translations, the Client is obliged to co-operate in the clarification of corresponding specialist terminology and additional queries regarding the subject matter and the format (as a point of contact). If the translation is intended for publication, the Client is obliged to provide the Company with a copy for proofreading purposes before the print version is prepared.
(3) Supporting information material and documents necessary for the execution of the assignment are to be made available, unprompted, to the Company by the Client with the order placement. Should the information material supplied prove to be insufficient, the Company retains the right to request further subject-specific information material from the Client.
(4) The consequences of errors and delays which result from a failure to comply with these obligations on the part of the Client are to be borne by the Client.
OFFER AND PRICES
(1) All offers and prices are non-binding.
(2) They can be adapted to suit current conditions and extra expenditure, without special notification.
(3) The prices are in Philippine Pesos. Unless another currency has been agreed upon.
(4) Payment terms, early payment discounts or other deductions are not guaranteed, unless they have been expressly arranged.
(5) Special services require a supplement or will be charged according to the expenditure.
TERMS OF PAYMENT AND SHIPPING
50% down payment will be given prior to the commencement date of the service. The balance shall be paid after the completion of the service. The finished work shall be delivered only after receiving the remaining balance. The shipping fee will be shouldered by the Client.
Any additions or changes to the project will modify the Statement of Work, may change the due date, and may be billed as additional work. Changes made to material that has already been submitted to the Client may be considered additional work. The Company and Client agree that requests for additional work and renegotiated deadlines or fees will be in writing as described under Notice.
Documenting changes in writing does not necessarily require an amendment to the agreement. An exchange of emails outlining and acknowledging the agreed changes may be sufficient.
The work plan requires that both the Company and the Client meet the agreed milestones. Adjustments to the work plan may be required if the agreed milestones are not met.
The Company shall make every effort to complete service(s) by the deadline but shall not be responsible for delays in completion caused by events beyond Company’s control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances. The Company undertakes to deliver the finished work to the Client, from date of receiving the 50% balance (the “Delivery Date”). Holidays and weekends are not included in the processing time. in case the delivery date falls on a holiday or nonbusiness day at the place of business of the Company, it is extended to the first business day which follows the holiday or non-business day.
WARRANTY, REVIEW AND CORRECTIONS
Client agrees that translation is not an exact science, therefore the translation may vary from other acceptable translation. All translations are covered by the Company Lifetime Warranty which covers free correction of nonstylistic errors only. Upon receipt of the translation from the Company, Client shall promptly review it, and within 14 days after receipt shall notify the Company of any requested corrections or changes. The Company shall correct, at no cost to Client, any errors made by the Company. If the Client considers the finished work unacceptable, it will provide the Company with a list of deficiencies and a reasonable extended period of time within which to make revisions reasonably requested by the Client and to deliver a revision of the finished work (the “Revised Work”). If the Client does not provide such a list within 14 days of receipt of the finished work, the finished work shall be deemed accepted by the Client.
The Client has the right to cancel the order at any time. If the Client cancels the order after having confirmed the Company order and Company has commenced the process, the Client will compensate the Company in full for the part of the work that has already been completed by the time of notification of the cancellation of the order
CHANGES BY OTHERS
The Company shall have no responsibility whatever as to any changes in the translation made by persons or third party other than the Company. Any recourse of the Client to the Company for the assertion of damage claims of third parties (non-parties to the contract) is barred.
NON-DISCLOSURE AND CONFIDENTIALITY
Under the terms of this Agreement, Client agrees to release to the Company information that is confidential and proprietary to Client (Confidential Information), to be used solely for translation/interpretation and related services. Confidential Information refers to all information of a confidential, proprietary, or secret nature, which is or may be related in any way to the business, present or future, of Client or any third party. Confidential Information includes, for example, but not limited to: trade secrets, processes, formulas, data, know-how, improvement, inventions, techniques, equipment, marketing plans, organization, financing, strategies, litigation, and information concerning customers or vendors.
The Company will consider all information received from Client to be strictly confidential and subject to the restrictions of this Agreement; except for information that is: (i) generally known to the public, (ii) in the possession of the Company before receipt from Client (iii) obtained later by the Company from a third party without restriction or violation of Agreements; or (iv) authorized for release by Client in writing.
The Company will not disclose Client Confidential Information to any other party without the prior written consent of Client. Client hereby understands and acknowledges that the Company may use its own employees or consultants or subcontractors to render the Services set forth herein. The Company may disclose Confidential Information to its any employees, independent contractors, assigns, affiliates and related parties of the the Company, but only if the employee has a legitimate need to know and has agreed to terms similar to those in this Agreement. The Company will be responsible for any use or disclosure of Confidential Information by any of its employees or agents.
LIMITATION OF LIABILITY OF THE SERVICE PROVIDER
The total liability of the the Company is limited to the total net value of the agreement. In no event shall the the Company be liable for any lost profits, business interruption or for any indirect, incidental, special, consequential, for exemplary or punitive damages arising out of or relating to the services provided by the Company, even if the Company has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy. Client hereby releases the Company and holds her and her owners, parents, subsidiaries, affiliates, licensors, and their officers, directors, trustees, affiliates, subcontractors, agents and employees, harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of the services. Client hereby waives the provisions of any provincial or local law limiting or prohibiting a general release. In no event shall the Company be liable for alterations made to its work product or the services by other persons. Furthermore, the Company shall not be liable for any delays, errors or deficiencies in provision of the services due to the client’s failure to provide adequate, accurate and timely instructions, explanation, clarification, interpretation, information, and the like.
The division of this Agreement into articles and paragraphs and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa and words importing gender include all genders.
COUNTERPARTS AND ELECTRONIC TRANSMISSION
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which taken together shall be deemed to constitute one and the same instrument. A signed copy of this Agreement transmitted by email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.
The agreement hereto contains the entire understanding of the parties (the Company and the Client) and may not be amended without the specific written consent of both parties. Any notices given under this agreement shall be sufficient in writing through the electronic email.
This Agreement shall be governed by the laws of the Republic of the Philippines.