General Terms & Conditions

 

§ 1 Scope of validity

These Terms and Conditions shall be applicable to contracts between SimCon Interpreting Limited (hereinafter referred to as "the Company") and its Clients, unless otherwise expressly agreed upon. They shall be deemed to be incorporated in any Contract between the Company and any of its Clients. In the event of a conflict between these General Terms and Conditions and any other Terms and Conditions stipulated in any such Contract, those stipulated in the Contract shall apply.
The Company shall not be bound by the Client’s terms and conditions, unless these have been expressly acknowledged in writing by the Company.
Any amendments to or additions to the Contract or deviations from these General Terms and Conditions shall require written confirmation from the Company in order to be valid.

 
 
§ 2 Contract conclusion
 

A Contract is concluded by the Client’s acceptance of a written agreement based on a price quotation supplied by the Company. In order to perform its contractual obligations the Company is entitled to use the services of third parties.
 
 
§ 3 Obligations of the Company


All interpreters and translators are selected by the Company with the utmost possible care. All interpreters and translators have been formally trained as such and possess the required expertise for the assignment in question.
Professional interpreters and translators prepare for an assignment by carrying out proper research and liaise with the Client through the Company for any queries they may have. They are obliged to adhere to a professional code of conduct and ethics and carry out their work with due care and attention. As such, the Company cannot assume responsibility for the performance of any individual translator or interpreter.  
 
 
§ 4 Co-operation by the Client


In order to assist the interpreter or translator in carrying out their work the Client shall make all necessary information available and provide all documentation required. This will allow the interpreter or translator to perform the necessary preparations for the assignment. The documentation to be provided comprises information about the nature of the event or translation task, background information regarding the company or organisation, and any other documentation that may be of relevance for the event or the required translation.
Should the volume of work exceed that which was originally agreed upon, the Company shall be entitled to charge for the additional work involved.
Any information provided by the Client shall be treated as highly confidential by the Company. The Company shall not disclose such information to any third person other than those who require this information in order to properly perform their work for the Client.
 
 
§ 5 Pricing structure


For interpreting services

Interpreting service charges are based on the amount of time involved in preparing for the assignment, travelling time to the venue and the actual presence of the interpreter on site. The fee shall, as a rule, be charged as a daily fee. Travelling costs may apply as well as charges for the time involved for the interpreter to travel to where the event takes place. Travelling time shall be charged as a percentage of the applicable fee. The Client is responsible for arranging and paying for suitable accommodation for the interpreter. A per diem allowance for additional costs may apply.
The service rendered at the event (the interpretation of the spoken message from one language into another) is exclusively for immediate hearing only. The copyright remains with the interpreter. Recordings involve an additional copyright fee.
The Company may require advance payments in order to conclude a Contract.
 
 
For
translation services

Unless otherwise agreed in writing, translations shall be charged at the applicable rates according to the complexity and volume of the translation work. The pricing basis for translations is either the number of words or the number of lines (of 50 key strokes) in the target language. Where this is not applicable, the pricing structure shall be based on the time involved. Minimum charges apply. The translator is entitled to withhold his work until full payment has been received. For as long as the payment is outstanding the translation remains the property of the translator.

 
 
§ 6 Payment


Unless otherwise agreed, payment for any work agreed upon and carried out by the Company shall be due no later than 15 days following the receipt of a written invoice by the Company. For translations exceeding a certain amount (to be specified in the Contract with the Client), advance payments may be requested.
 
 
§ 7 Termination of the Contract


A cancellation of the Contract without charge before the interpreting or translation service has been provided is only admissible if the cancellation is due to Acts of God for which the Client cannot be held responsible. Nevertheless, any out-of-pocket expenses already incurred are to be borne by the Client.
Any other cancellation shall only be effective if notice has been given in writing. In such a case, the interpreter or translator may be entitled to the agreed fee as well as to reimbursement of expenses demonstrably incurred. 
 
 
§ 8 Privacy and confidentiality


The interpreter or translator undertakes to observe the secrecy of the information provided by the Client. Such information shall not be used for any other purposes whatsoever other than those stipulated in the written Contract with the Company and the interpreter or translator shall under no circumstances attempt to derive any benefit from such. The Company ensures the strictest confidentiality of all its Clients’ details.
 
 
§ 9 Liability

The Company shall be liable solely for damage caused by wilful misconduct or by gross negligence. The Company cannot be held liable for damage caused by having recourse to third parties or indirect or consequential damage or loss of profit. Any liability in the event of gross negligence or wilful misconduct by either the Company or the interpreter or translator shall be limited to the amount of the contractual fee agreed upon. No liability is accepted for any damage to or loss of any materials forwarded by the Client. It is the responsibility of the Client to employ a secure method of delivery.
 
 
§ 10 Governing Law and validity

A written Contract between the Company and its Client and any dispute or claim arising out of or in connection with the Contract or its subject matter shall be governed by and construed in accordance with English law, unless otherwise agreed in writing.  Should any of these provisions be, or become, fully or partially invalid or unenforceable, the legal validity of the other provisions shall not be affected by this. In this event the parties are obliged to replace a completely or partially invalid provision with one that most closely corresponds to the intended purpose of the original provision.
Any failure to insist upon or enforce performance of any provision in these General Terms & Conditions will not be construed as a waiver of any provision or right.

 

 
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