Terms of Business
These Terms of Business are the basis on which translation and related work is executed by the owner and operator of the translation service “Spanish Visa Translations” publicised on this website. The service is owned and operated by JPS Consulting, a trading name of Javier Perez-Manglano (a professional translator registered with the UK Chartered Institute of Linguists under member number 28265 and a sworn translator appointed by the Spanish Ministry of Foreign Affairs under number 9156), of 124 City Road, London, EC1V 2NX.
1. Definitions
In these Terms of Business:
a) the Client is the person or corporate body that places an Instruction;
b) the Instruction is the assignment or work placed with the Translation Business by the Client and may comprise translation, certification of translations, revising/editing translations, legalisation/apostilling of documents or any other similar work or associated work to be agreed between the Client and the Translation Business;
c) the Contract is the agreement entered into between the Client and the Translation Business when an Instruction is placed and accepted, and it incorporates these Terms of Business to the extent that they have not been expressly altered by any terms mutually agreed in writing as part of the acceptance of the Instruction;
d) the Translation Business is JPS Consulting, a trading name of Javier Perez-Manglano, a professional translator registered with the UK Chartered Institute of Linguists under member number 28265 and a sworn translator appointed by the Spanish Ministry of Foreign Affairs under number 9156;
e) written or in writing shall include electronically written texts, such as email messages.
f) for the purpose of translation and related work, requirements shall include the number and type of documents, required layout, deadlines, target language, the purpose of the translation or related work (e.g. whether for publication, information or submission to authorities), method of delivery, any special terminology to be used, and the type of certification required (for example, sworn translation, electronic signature, etc.).
2. Purpose
These Terms of Business are intended:
a) as a basis for executing Instructions and will be made available to Clients on request; and
b) to form the basis of a good working relationship between Clients and the Translation Business.
3. Acceptance
Instructions are to be placed in writing either by email or via the website operated by the Translation Business (where this facility has been made available). An Instruction shall not be considered as confirmed and accepted until a quote provided by the Translation Business has been agreed to in writing and payment has been received by the Translation Business.
4. Force majeure
4.1 If unavoidably prevented from fulfilling the Instruction, the Translation Business will notify the Client of the circumstances as soon as possible, which shall entitle the Client and Translation Business to withdraw from the contract. The Client shall pay the Translation Business for any work completed and, in consultation with the Client, the Translation Business shall use reasonable endeavours to source a replacement translator of equivalent competence and qualifications.
4.2 As a safeguard against hard disk failure or theft of computer equipment, the Translation Business will back up all work externally on a daily basis.
5. Fees
5.1 Fees/rates shall be agreed before the Instruction is commenced and any quotation based on the Client’s description of the work shall only be binding once full details of the Instruction and the requirements have been confirmed in writing.
5.2 If it emerges after the Instruction has commenced that not all the relevant information has been provided and/or if there are any changes to the requirements, the Translation Business may vary the fees/rates accordingly.
5.3 The Translation Business will not provide free “test” translations.
6. Payment
6.1 All work must be paid for and payment shall be made at the time of confirming the Instruction, unless expressly otherwise agreed by the Translation Business in writing. Timings confirmed or suggested by the Translation Business to complete the work will only start to count from the moment the Instruction has been agreed and payment has been received.
6.2 In the case of large Instructions, and particularly where work is delivered in stages, the Translation Business may agree to payment in instalments.
7. Cancellation
In the event that the Instruction is cancelled by the Client, the Translation Business shall be entitled to receive payment for any work undertaken prior to the cancellation.
8. Copyright in translations
8.1 When it is agreed that copyright is to be assigned to the Client after translation, such copyright shall only be assigned when full payment for the Instruction has been received. Until such time, the copyright shall be owned by the Translation Business.
8.2 If the translation is in any way amended or altered without the Translation Business’s written permission, the Translation Business shall not be in any way liable for the amendments made or their consequences.
9. Confidentiality
9.1 The Translation Business will treat all work performed by it or by any third parties (e.g. subcontracted translators, checkers, proofreaders, legalisation agents) and any information given to them as confidential.
9.2 The Client shall not, without the express written consent of the Translation Business, disclose to third parties any information relating to its fees.
9.3 The Translation Business will not make copies in addition to those required in the normal conduct of business and copies shall be for internal use only. Copies may be retained where required for the purposes of professional indemnity insurance or to comply with statutory obligations. Conversely, data protection laws may require or encourage the deletion of copies and other information about the Instruction or the Client after a certain period of time where there is no appropriate lawful basis for retention. For that reason, there is no guarantee that copies of the work will be available to the Client once an Instruction has been completed and the work has been delivered to the Client (or sent to a third party as directed by the Client).
10. Complaints
Any complaint by the Client about the Translation Business’s work shall be submitted to the Translation Business within 10 days from the delivery of the work to the Client (or to a third party as directed by the Client).
11. Liability
11.1 Neither party shall, under any circumstances whatsoever, be liable to the other, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
- loss of profit;
- loss of goodwill;
- loss of business;
- loss of business opportunity;
- loss of anticipated saving;
- loss of corruption of data or information; or
- special, indirect or consequential damage, suffered by the other party that arises under or in connection with the Contract.
11.2 Without prejudice to clause 11.1, the Translation Business’s total liability arising under or in connection with the Contract, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the amount paid by the Client to the Translation Business pursuant to the Contract.
12. Personal data
By placing an Instruction, the Client consents to the collection, processing and storage of any such personal data as may be required for the performance of the Instruction under these Terms of Business, as well as for the communications between the Client and the Translation Business and the maintaining of appropriate records by the Translation Business. The Translation Business may only collect, process and storage personal data where there is a lawful basis and in accordance with its published Privacy Policy.
13. Applicable law and jurisdiction
The Contract shall be governed by the laws of England and Wales and the Client and the Translation Business both agree to submit to the exclusive jurisdiction of the English courts.