1. Definitions
“Client” means the individual, business, public body, law firm, organisation or other person requesting or purchasing Services from us.
“First Translation”, “we”, “us” or “our” means First Translation & Consultancy Ltd.
“Services” includes translation, interpreting, transcription, proofreading, consultancy and other language-related services agreed with the Client.
“Linguist” means a translator, interpreter, proofreader, transcriber or other language professional engaged by us to deliver Services.
2. Scope of services
We will provide the Services described in our quotation, email confirmation, booking confirmation, purchase order, written agreement or other written instructions accepted by us.
The scope may include agreed language pair(s), service type, format, delivery method, deadline, interpreting duration, venue or remote platform, and any special instructions supplied before work begins.
Anything outside the agreed scope may require a revised quotation, additional fee or revised delivery date.
3. Quotes, estimates and acceptance
Quotations are based on the information and materials available when the quote is prepared. Unless stated otherwise, a quotation is an invitation to place an order and does not become binding until we confirm acceptance in writing.
If the source material, word count, complexity, formatting, turnaround requirement or assignment details change, we may revise the fee or delivery schedule before continuing.
Urgent, out-of-hours, specialist or unusually formatted work may attract additional charges where notified in advance.
4. Client materials and instructions
The Client is responsible for providing complete, legible and accurate source material, relevant reference material, correct contact details and clear instructions.
Where source material is unclear, incomplete, ambiguous, illegible or technically defective, we may request clarification, make reasonable assumptions, pause work or revise the delivery time.
The Client must ensure it has the right to provide us with all documents, recordings and personal information supplied for the Services.
5. Delivery and turnaround
We will use reasonable care to meet agreed deadlines. Unless expressly agreed in writing as a guaranteed deadline, delivery dates and times are estimates and may depend on timely receipt of source materials, clarifications and Client approvals.
Delivery may be made by email, secure transfer, agreed platform or another agreed method. The Client should notify us promptly if a delivered file appears incomplete or cannot be opened.
6. Interpreting bookings
All interpreting assignments must be confirmed in writing. Bookings reserve the Linguist’s time for the agreed period and may include reasonable preparation time.
For remote interpreting, the Client is responsible for providing the correct joining details, platform access and a workable communication environment. For on-site assignments, the Client is responsible for accurate venue information and reasonable access.
If an assignment overruns, additional time may be charged at the agreed rate or, if no rate was agreed, at our reasonable prevailing rate.
7. Fees, invoices and payment
Fees will be agreed or otherwise notified before work begins wherever reasonably possible. Prices may be quoted per word, page, hour, assignment, project or other agreed basis.
Unless agreed otherwise in writing, invoices are payable within 30 days of the invoice date.
For business Clients, overdue sums may attract statutory interest and recovery costs where permitted under the Late Payment of Commercial Debts (Interest) Act 1998.
We may request a deposit, advance payment or payment on account before starting or continuing work, particularly for new Clients, high-value projects or urgent assignments.
8. Changes, postponements and cancellations
8.1 Interpreting services
Unless different cancellation terms are agreed in writing:
- cancellations made less than 24 hours before the scheduled start time may be charged at 100% of the agreed fee;
- cancellations made between 24 and 48 hours before the scheduled start time may be charged at 50%; and
- ordinarily, no cancellation charge applies where more than 48 hours’ notice is given.
Reasonable, non-refundable expenses already incurred may still be payable. A postponed booking may be treated as a cancellation and new booking where the Linguist cannot accommodate the revised time.
8.2 Translation and other project work
If a project is cancelled or materially changed after work has begun, the Client must pay for work completed up to cancellation, reasonable preparation already undertaken and any committed third-party costs that cannot be recovered.
9. Confidentiality
We treat Client documents, communications and assignment information as confidential and require Linguists and relevant service providers to handle such information appropriately.
We will not intentionally disclose confidential Client information except where necessary to provide the Services, where the Client authorises disclosure, or where disclosure is required by law, regulation, court order or a competent authority.
Clients should tell us before sending material that requires specific security handling, access restrictions or secure-transfer arrangements.
10. Linguists and subcontractors
We may use suitably skilled employees, freelance Linguists or trusted subcontractors to deliver all or part of the Services. We remain responsible for managing the assignment in accordance with the agreed scope.
We select Linguists based on language capability, experience, subject-matter suitability, availability and any specific Client requirements.
11. Intellectual property
The Client retains rights in source materials it supplies, subject to any third-party rights.
Subject to full payment, any copyright we own in a bespoke translation or other commissioned deliverable will pass to the Client to the extent permitted by law, unless otherwise agreed in writing.
Our pre-existing materials, methodologies, templates, know-how, systems and general working processes remain ours.
12. Queries, corrections and complaints
If the Client believes a deliverable contains an error or does not meet the agreed specification, it should notify us as soon as reasonably practicable and provide sufficient detail for us to investigate.
Where appropriate, we may correct, revise or clarify the relevant work. Reasonable stylistic preferences that do not amount to an error may be treated as additional work if they fall outside the agreed scope.
13. Liability
We will perform the Services with reasonable care and skill.
Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
Subject to the paragraph above, and to the extent permitted by law:
- we are not responsible for loss caused by inaccurate, incomplete, unclear or late source material or Client instructions;
- we are not responsible for indirect or consequential loss, loss of profit, loss of business or loss of opportunity arising from the Services where such exclusion is lawful; and
- our total liability arising from a particular assignment will not exceed the total fees paid or payable for that assignment, unless a higher limit is expressly agreed in writing.
Clients remain responsible for final decisions made using translated or interpreted information, including legal, medical, financial or commercial decisions, and should obtain appropriate professional advice where needed.
14. Events beyond our reasonable control
We are not responsible for delay or failure caused by events beyond our reasonable control, including serious illness, transport disruption, power or internet failure, platform outages, cyber incidents, natural disasters, industrial action, public emergencies or failures of third-party infrastructure.
Where practicable, we will notify the Client and take reasonable steps to reduce disruption.
15. Data protection
We process personal information in accordance with applicable UK data protection law. Further information is set out in our Privacy Policy.
Where we process personal data contained in Client documents on behalf of an organisational Client, the Client is responsible for ensuring it has an appropriate lawful basis and authority to provide that data to us.
16. Consumer rights
If the Client is a consumer, nothing in these terms affects statutory rights that cannot lawfully be excluded or restricted.
Where applicable law gives a consumer a cancellation period for a distance contract, those statutory rights will apply. If the consumer asks us to begin Services during any applicable cancellation period, the consumer may be required to pay for Services supplied before cancellation to the extent permitted by law.
17. General terms
If any provision of these terms is found unenforceable, the remaining provisions will continue in effect.
A delay or failure by either party to enforce a right does not waive that right.
No person other than the Client and First Translation & Consultancy Ltd has any right to enforce these terms unless expressly stated otherwise.
We may update these terms from time to time. The version applicable to an assignment will normally be the version accepted when that assignment was confirmed, unless a change is required by law or agreed by the parties.
18. Governing law and jurisdiction
These terms and any dispute or claim arising from them are governed by the laws of England and Wales.
For business Clients, the courts of England and Wales will have exclusive jurisdiction. Consumers may have additional rights to bring proceedings in another part of the United Kingdom where applicable law permits.
19. Contact
First Translation & Consultancy Ltd
International House
109-111 Fulham Palace Road
London
W6 8JA
Company No. 13902623
VAT Registration No. 404 7050 33
ICO Registration No. ZC265977
Email: info@firsttranslation.co.uk