1. TERMS AND CONDITIONS
1.1. All the projects requested to this Translator imply that the Client has agreed to these terms and conditions.
1.2. These terms and conditions are applicable to new projects, starting May 1, 2014.
1.3. The parties herein are Ana Dias (hereinafter the “Translator”), and the client (hereinafter the “Client”).
2. WORKING RELATIONSHIP
The Translator is an independent contractor and the relationship with the Client does not constitute an employment contract.
3. CLIENT OBLIGATIONS
3.1. The Client shall provide the Translator with any required technical information and/or referece document, terminology and style guide necessary to assure the project respects the consistency required.
3.2. The failure to do so implies that complaints and/or rejections on the grounds of inconsistency and/or misuse of terminology won’t be accepted.
4. RATES
4.1. The rates are defined as per source word for Translation.
4.2. For editing and proofreading, the rate is calculated per hour.
4.3. A minimum EUR 50 rate per translation, editing and proofreading applies.
5. PAYMENT TERMS
5.1. All projects are to be paid upon delivery.
5.2. Upon previous written arrangement, before the Translator starts to work on the project, between the Translator and the Client, payments can take place within a different due date, no longer than 30 days from delivery.
5.3. For projects exceeding 20.000 source words, the Client shall pay half of the total amount, once the project is assigned, a condition for the Translator to start. The remaining amount is to be paid according to 5.1 and 5.2 above.
5.4. The Client is responsible for any expenses related to the project, including but no limited to Certification by Notary, mailing expenses, and travel expenses.
6. OUTSTANDING INVOICES
6.1. Outstanding invoices have a limit of EUR 500 and should be settled before any other work can be accepted by the Translator.
6.2. The Translator shall give notice to the Client to settle outstanding invoices within 30 days of the due date of the invoice. Failure to pay outstanding invoices may be grounds to legal action.
7. SURCHARGES
7.1. A rush fee of 30% applies to projects requested by the Client to be delivered within the same day (for a minimum of 500 words), projects with delivery date requiring work on weekends and holidays, projects with delivery date requiring that more than 2000 are translated per day or more than 6000 are edited/proofread per day.
7.2. No discount per volume is offered.
7.3.An additional 20% fee applies to complex formatting (e.g. PDF files, jpeg or other image format files, files with text over images, files with tables, charts and grids, Excel files, PowerPoint files). An additional 30% fee applies to handwritten documents.
8. ORTHOGRAPHIC AGREEMENT
8.1. As a rule, the Translator does not apply the Orthographic Agreement of 1990.
8.2. The Translator will apply the aforementioned agreement upon express request from the Client.
8.3. The use of the Orthographic Agreement by the Translator does not imply any extra charges for the Client nor does it affect the delivery date.
9. CANCELLATIONS
9.1 Once assigned, the Client has 2 hours to cancel a project without any obligations.
9.2. After that period, files and other materials related to the project are to be turned over to the Client, who will be proportionally billed for the work done by the Translator up to that point. A minimum charge of EUR 70 applies.
10. DELIVERY ARRANGEMENTS
10.1 The delivery format and date will be established once the project is assigned.
10.2. If any changes are requested beyond the scope of the parameters of the initial project, an additional 15% fee applies and additional time might be required.
11. DISPUTES ON QUALITY
11.1 If the Client finds the project delivered by the Translator does not fulfill quality related requirements, the project must be returned to the Translator so an assessment of the problems listed by the Client can be made.
11.2. If the translation problems listed by the Client are style related, there will be no fault by the Translator and any changes requested by the Client will be charged by the hour.
11.3. If the problems listed by the Client are indeed translation issues, the Translator will correct them and make a proportional discount.
12. COPYRIGHT
12.1. The project remains the intellectual property of the Translator until invoices are settled (full payments only).
12.2. Any term basis, glossaries and translation memories created by the Translator are exclusive property of the Translator.
13. CONFIDENTIALITY
13.1. All documents, names, contents and other material provided by the Client are strictly confidential and covered by professional secrecy.
13.2. Any communications between the Client and the Translator regarding the project are strictly confidential and covered by professional secrecy.
13.3. The aforementioned 13.1 and 13.2 won’t be applicable in the event the Translator needs to exercise a claim or defend herself in a court of law, in a proceeding arising from her work.
14. APPLICABLE LAW AND JURISDICTION
14.1 These terms and conditions shall be governed, construed and enforced in accordance with Portuguese law.
14.2. Any dispute arising from the professional relationship between the Translator and the Client shall be settled in the Portuguese courts.