Terms and Conditions
Client’s (hereafter, “Client,” “You,” or “Your”) acceptance of a quotation (a “Quotation”) provided by On The Dot Translations (“On The Dot Translations”) constitutes acceptance of these Terms and Conditions and You agree that all services performed by On The Dot Translations related to any such Quotation shall be subject to these Terms and Conditions, which may be updated from time to time by On The Dot Translations through the posting of a new version of these Terms and Conditions on this webpage, with or without notice to You. Your continued use of the services provided by On The Dot Translations constitutes acceptance of any new or updated Terms and Conditions, and You agree to be bound to the then current Terms and Conditions.
1. Using Our Services. You will be assigned a project coordinator. This project coordinator will coordinate all projects for Your account. If the project coordinator is unavailable the next available qualified project coordinator, manager, or assistant will step in to ensure projects are completed. On The Dot Translations will use commercially reasonable efforts to perform all services in accordance with On The Dot Translations’ policies and procedures (the “Policies and Procedures”). On The Dot Translations may change the Policies and Procedures at any time and by continuing to use the services provided by On The Dot Translations pursuant to these Terms and Conditions, You agree to be bound to the then current Policies and Procedures.
2. Payments. Unless otherwise stated therein, You must provide a 50% deposit of the fees noted in the Quotation prior to On The Dot Translations beginning any particular translation or group of translations. On The Dot Translations accepts bank transfers, PayPal payments or checks (provided that checks must clear prior to translations commencing) as valid forms of payment. All remaining amounts are due within fifteen (15) days of the completion of the translation or group of translations as applicable, and any delinquent accounts are subject to a service charge of 1-1/2% per month on the outstanding amounts until paid. Further, no new or continuing translation work will be performed if an account is delinquent and On The Dot Translations may require that any future projects be prepaid in full.
3. Taxes. No sales tax will be assessed for translation or interpretation services. Rental or purchase of interpretation equipment within the State of Delaware will be assessed the applicable sales tax.
4. Intellectual Property. You will own exclusive rights to intellectual property created for You by On The Dot Translations.
5. Representations of On The Dot Translations. The quality procedures used by On The Dot Translations conform to ISO requirements and principles for the purpose of obtaining the highest quality possible. Translated documents are proofread at three levels during the translation process. All translations are performed by subcontractors selected based on the following criteria: (a) maintain a certification from an accrediting organization; be affiliated with a trade organization; and/or certified by a governmental agency; (b) education minimum of a Bachelor’s degree in translation or linguistics or have translation experience over an extended time period; (c) five or more years paid professional experience; (d) References who can attest to the abilities of the linguist; (e) must be knowledgeable of the translation process; (f) native speaker of the target language; (g) be fluent in the source language; (h) Have extensive experience in their specialty; (i) must pass all On The Dot Translations approved tests; (j) must use translation memory; and (k) must have an affiliated proofreader.
6. Client Requirements.
You agree that it is Your sole responsibility to make full payment of all charges and expenses relating to the project within 15 days after its completion. Collection of related payments from any third party is a private matter for You and will not affect Your responsibility to make all payments to On The Dot Translations.
In the event you submit to On The Dot Translations, or any third party acting on our behalf, any testimonials, feedback, photos, comments, or any other information regarding our services (“Feedback”), you grant On The Dot Translations a perpetual, irrevocable, worldwide, royalty-free, license to use, reproduce, transmit, modify, adapt, publish, republish, create derivative works of, display and/or distribute such material(s) in whole or in part and to incorporate such Feedback in any form, media, or technology. By submitting Feedback, you represent and warrant that you have the authority to grant such rights and that the Feedback will not violate any right of any third party, including but not limited to copyright, trademark, rights of publicity and privacy rights.
7. Email. Approval. On the condition that the Quotation is accepted and signed by both parties, On The Dot Translations will accept written email approval from You as authorization for future projects. All future projects will then be subject to the prices, terms, and conditions laid out in any subsequent Quotation.
8. Additional Conditions.
Since translation is a subjective process through which different individuals may express the same meaning using different word choices, On The Dot Translations will not be liable for such variations. Additionally, there may be personal preferences in word selection that may be stylistic or based on a person’s familiarity with company- or industry-specific terminology. On The Dot Translations will attempt to utilize reference materials and glossaries to a commercially reasonable extent, but there remains the likelihood that You may prefer word insertions or replacements. As such, there may be additional costs associated with the incorporation of differing terms or language into the final translated document.
Should You change the parameters of the project while it is in progress (turnaround time accelerated, source files not provided on time, project’s scope/size expanded, etc.), On The Dot Translations reserves the right to apply additional charges and/or extend the deadline in accordance with the changes requested. Furthermore, should You request additional services to be performed such as subjective revisions to language and/or layout, revisions to source files which might affect the target language versions, etc., then such services will be billed in addition to the above.
You must notify On The Dot Translations of any concerns with On The Dot Translations performance within ten (10) business days of receipt of deliverables via certified letter/return receipt or via electronic mail to an account representative. If On The Dot Translations is not so notified, the You waive all rights and claims arising out of such performance.
Should the You cancel a translation, You will be obligated hereunder to pay On The Dot Translations for all work completed prior to On The Dot Translations having reasonably received notification of cancellation.
9. Limitation of Liability. On The Dot Translations shall not be liable under any theory at law, in equity or otherwise for any special, exemplary, punitive, incidental, indirect, or consequential damages (even if On The Dot Translations has been advised of same), including without limitation lost profits or revenues. The entire liability of On The Dot Translations for any claim, loss or damages under any theory at law, in equity or otherwise, including without limitation contract, tort, negligence and strict liability, arising out of these Terms and Conditions or the engagement of On The Dot Translations in connection with the project in question, the performance or breach hereof, or the subject matter hereof shall not in any event exceed the sum of the payments actually made by You to On The Dot Translations pursuant to the Quotation for which such liability is related. Any action against On The Dot Translations must be brought within one (1) year after the claim arose.
10. Confidentiality. Confidential Information shall mean any Proprietary Information, data, source code, object code, flow charts, software in any stage of development, know-how, processes, designs, plans, drawings, specifications, documentation, reports, manuals, proposals, pricing, market research or development plans disclosed in tangible or intangible form to one party (“Recipient”) by the other party (“Discloser”). Recipient shall not, without prior written permission by the Discloser, transmit the Confidential Information received from Discloser to any third person or entity, except (a) to independent contractors who have a need to know and signed written confidentiality agreements agreeing to maintain the confidentiality of all Confidential Information, (b) to those in a fiduciary relationship with the You, or (c) as may be required by law. The recipient shall exert commercially reasonable efforts to confine knowledge of and access to Confidential Information to those employees who, in the ordinary course and scope of their employment, need to have knowledge of and access to such Confidential Information.
11. Modification. These Terms and Conditions may not be orally modified. Only a modification in writing, agreed to by both parties, will be enforceable, Authorization via electronic mail shall constitute written agreement.
12. Severability. If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision, and the invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.
13. Governing Law. These Terms and Conditions and all rights and obligations of the parties relating hereto shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any conflicts of law rules that would cause the application of the laws of any other jurisdiction and any suit brought hereon must be brought in the state or federal courts sitting in the County of New Castle, State of Delaware, the parties hereby waiving any claims or defenses that such forum is not convenient. The successful party in any action to enforce the rights and obligations under this Agreement is entitled to claim and recover from the other party, all reasonable costs including legal fees, disbursements, and taxes on the solicitor and his own client basis.