Sample terms of business

 

Terms of business
[SAMPLE]                                                    [Name, Address, Association membership number]

These terms are provided for information purposes only. For your terms to have maximum legal effect, a lawyer should be consulted to draw up terms relevant to your particular location and situation.



 

Definitions
In these terms of business, Translation Consultant means [x], trading as [x]. Client means the person or entity commissioning the services of the Translation Consultant. Work means the translation services rendered under these business terms. Quote means a price quote for the Work which remains valid for 15 days from date of issue.

Copyright
The Client guarantees the Translation Consultant that the material to be translated will not infringe any existing copyright. The Client guarantees that the Translation Consultant is not liable from any resulting breach of this guarantee.

It is agreed that translations are protected works [UK IPO reference] and may not be reproduced if in breach of this copyright. Full payment of the translation shall result in the assignment of the copyright, unless otherwise specified in writing by both parties.

Use
The Translation Consultant retains the right to publish extracts of the work for the purposes of promotion unless specifically prohibited from doing so through a signed non-disclosure agreement.

Reproduction rights granted for the Work belong to the commissioning person or entity and may not be assigned, nor may any portion of the Works be loaned or transferred to third parties, save for the purpose of the exercise by the Client of such reproduction rights.

Confidentiality
The Translation Consultant will not disclose to any third parties any information communicated for the purposes of the Work, except where it may be reasonably necessary to enable to completion of the Work.

Revisions
Any Work in addition to that included in the Quote, such as meetings, interviews or additions will be invoiced at the quoted or hourly rate.

Cancellations
If the client cancels the project after the Work has begun then fees for the Work completed to that point, and any costs incurred during that time, will be invoiced, in addition to a cancellation fee of [150] [GBP].

Liability
The Translation Consultant will not be liable for any loss or damage sustained by the client or any other party arising out of the provision of these services.

Payment
Payment for each project is due [15] days from the invoice date. If this period is exceeded, then all unpaid invoices issued to the Client become due with immediate effect, with these invoices being considered overdue in the pursuit of legal action for the recovery of these debts.

In application of [the Late Payment of Commercial Debts (Interest) act 1998], payment remaining due later than [15] days from the invoicing date are to be considered actionable, and interest charged at [1-5]% per month. The Translation Consultant may also charge an administrative fee of up to [£150] for any recovery work carried out.

The Translation Consultant reserves the right to halt the Work in the event of non-payment of previous invoices.

Any payment fees incurred in making payment are the responsibility of the Client. Any fees deducted from the payment will be invoiced to the client.

Price
The price agreed in the Work quote shall prevail for the duration of the Work, except where the scope of the work is revised.

[Any line items requiring under 4 hours of Work, not appearing in the original quote, will be billed hourly at [£50] unless otherwise specified. Line items requiring over 4 hours of Work, not appearing in the original quote, will be billed daily at [£350] unless otherwise specified. These line items may involve services of translation, proofreading, editing, voice recording or revisions to the Work quoted.]

[All sums of under [£500] are to be paid in advance. Sums over this amount are to be paid 50% in advance, before the Work commences, with 50% to be paid on delivery.]

Jurisdiction
These terms are governed by the laws of [your country]

Variation
These terms will not be varied except by signed agreement in writing.

 

 

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