Linguaspot
Your Greek language specialists

terms and conditions

Standard Terms and Conditions of Business for Electronic Orders

1. General
Linguaspot Ltd is a company registered in England & Wales, registered number: 05651257. These Standard Terms and Conditions are subject to English law and any disputes will be subject to the jurisdiction of the courts of England. These Standard Terms and Conditions of Business shall apply to all business with our customers. They shall be agreed by the customer upon transmission of the order and shall apply for the whole duration of the business relationship. They shall also apply for future business.

2. Order Placement
The customer shall transmit translation orders to us electronically via a computer terminal or in any other form. The customer shall notify the target language, the subject and the special field of the text together with any particular terminology requests. This is particularly important if the translated texts are to be published or used for advertising purposes as these require special adaptation work which may justify a higher charge for the translation work under certain circumstances.We have to be given at least 24 hours to complete the translation. All time data relates to Greenwich Mean Time (GMT): Dublin, Edinburgh, Lisbon, London. We shall be entitled to deviate from the delivery date stated in our order acknowledgement if the text to be translated is exceptionally voluminous and includes special difficulties. The text transmitted by the customer electronically shall be confirmed by us in writing. An order shall only be regarded as issued when it has been confirmed by us in writing. We shall not be liable for delays or execution defects occurring as a result of an incorrect or incomplete transmission of the original text or confusing or incorrect formulations used in the original text.

3. Execution by Third Parties
We may have recourse to third parties to execute all business if this is considered expedient and meaningful. We shall only be liable for a careful selection in this respect. Contacts between the customer and any third party assigned by us shall only be permitted with our consent. The business relationship shall only be between the customer and ourselves.

4. Prices
All quotations and prices shall be subject to change without notice. Prices shall be in Euro and British Pounds. A revision of the non-committal price list may be made by us at any time. We shall be entitled to deviate from the price details in the price list in individual cases depending on the language combination, the level of difficulty and the special field of the original text. We shall also reserve the right to make an express delivery charge or to request additional compensation. The aforesaid shall be notified to the customer in the order acknowledgement.

5. Delivery Periods
Delivery periods shall be quoted to the customer to the best of our knowledge and belief. They may only be interpreted as anticipated dates. Delivery shall be deemed to have been made on time as soon as the translation has been demonstrably sent to the customer (despatch note).

6. Disruptions, Force Majeure, Closure or Restriction of Operations, Network and Server Defects, Viruses
We shall not be liable for damages occurring as a result of operational disruptions, especially those caused by force majeure, e.g. Acts of God and transport disruptions, network and sever defects, any other connection and transmission lines and disruptions not attributable to us. In such exceptional cases, we shall be entitled to withdraw from the whole or part of the contract. This shall also apply if we wholly or partially discontinue or restrict our operations for a good reason, especially our online service. Neither shall we be liable for damages caused by viruses. Our EDP systems (networks, workstations, programs, data files, etc.) shall be checked for viruses at regular intervals. If data files are delivered by E-mail, teleprocessing (modem) or any other form of long-distance transmission, the customer shall be responsible for a final check being carried out on the transmitted data files and texts. No compensation claims shall be recognized in this respect.

7. Complaints
If the customer is a registered trader, complaints shall only be recognized in the case of apparent defects if they are immediately notified to us in writing after transmission of the translation or performance of the service with precise details of the defect; in the case of identifiable defects immediately after the examination of the translation or service to be made without delay; and, in the event of hidden defects, immediately after the customer becomes aware thereof. Complaints also have to be made in writing in non-commercial dealings together with certain details. In commercial and non-commercial dealings, all complaints in the event of apparent defects shall be made within two weeks of the transmission of the translation or service, in commercial dealings in the event of identifiable defects within four weeks of the transmission of the translation or service and within two weeks after the customer becomes aware of any hidden defect. If the customer has properly notified and justified the complaint, we shall undertake at our option to correct or replace the translation or service or to offer a price reduction or redhibition of contract. If the aforesaid correction or replacement fails to rectify the defect, the right to a price reduction or redhibition of contract shall be re-instituted.

8. Delivery Delay, Impossibility to Deliver, Contract Withdrawal, Compensation
In cases of delay or impossibility to deliver attributable to us, the customer shall only be entitled to withdraw from the contract if the delivery period has been unreasonably exceeded by us and if he/she/it has set us a period of grace electronically or in writing. In commercial dealings, we shall be liable for unpunctual delivery and for our vicarious agents in the event of non-performance. In commercial and non-commercial dealings, liability for slight negligence shall be limited to double the invoice value of the delivery or service causing the damage with a maximum of thirty thousand Euro. In commercial dealings with wilful intent or gross negligence on the part of our vicarious agents who are not senior employees, our liability shall be limited to three times the invoice amount of the delivery or service causing the delay with a maximum of fifty thousand Euro. In commercial dealings, the liability limits referred to in the preceding clause shall be reduced by a third if the customer is insured against the damage caused by us. If the customer fails to notify the intended purpose in our order form, especially if the translation or service is to be published or used for advertising purposes, no compensation claims may be made for the fact that the text proves to be unsuitable for the intended purpose or if the publication or advertising has to be repeated due to insufficient adaptation or if the customer sustains a defamation or loss of image as a result. If the customer fails to state that the translation will be printed, or forwards no galley proof to us prior to printing and prints without clearance from us, all and any defects shall be the customer's full responsibility.

9. Assignment
The assignment of rights by the customer in connection with a contract shall require our written consent.

10. Payment Terms
We shall charge the customer with the translation fee immediately after its completion. The invoice amount shall be paid by money order, cheque or bank transfer. The customer shall also notify when the payment has been made by e-mail or by fax.

11. Reservation of Title
We shall retain our title to all goods pending full and complete settlement of all claims.

12. Despatch, Transmission
Despatch or electronic transmission shall normally be made from the office processing the transaction at the risk of the customer. We shall not be liable for any defective or damaging transmission of texts or the loss thereof, neither for their damage or loss on on-electronic means of communication.

13. Secrecy Protection
In view of the electronic transmission of texts and data, as well as any other electronic communications between the customer, ourselves and possible vicarious agents, we are unable to guarantee absolute protection against trade and industrial secrets and any other confidential data and information as it cannot be excluded that unauthorized third parties have electronic access to the transmitted texts.

14. Validity
Any initial or subsequent invalidity of one or more provisions of these Standard Terms and Conditions of Business shall not affect the validity of the other provisions. A valid provision coming as close as possible to the legal and economic intention or the invalid provision shall then be deemed as agreed. If the texts of the customer are not transmitted or processed electronically, our Standard Terms and Conditions of Business shall apply by way of precaution for the non-electronic transaction.

15. Amendments to the Terms and Conditions of Business
All amendments to the Terms and Conditions of Business shall be notified to the customer in writing. Any amendments shall be deemed as agreed unless they are rejected by the customer in writing within two weeks of their notification.

February 2012

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