Terms and Conditions
In submitting a text for translation and also when submitting any other Work to be carried out by the Company, the Client enters into a binding agreement with this Company covered by the following terms and conditions, further named as “Terms and Conditions”
1.1 “The Company” means K&A Translation Group and any other brand under which the Company owns by proper means. “Order” means any translation or/and any other work/service prepared and supplied by the Company. “Client” means any ordinary person, legal entity, group of people to which the Company shall supply services. “Agreement” – written agreement on the services rendering, work preparation between Company and the Client.
1.2 In the event of any conflict of interests between any part/article of the agreement between the Company and the Client, the statutory documents constituting the settlement of the disputes between the parties shall have priority in the following order:
1. 2.1 Signed agreement on the services rendering (if any) between the parties.
1.2. 2 These “Terms and Conditions”
1.2.3. Where concluded an Agreement both in English and Russian languages, the priority is given to Russian Language Agreement.
2.1 Verbal quotations well as website quotations about the Prices for the Services are given for guidance only and are preliminary. Those prices are not binding upon the Company and each individual order is subject to individual prices based on the written confirmation receipt of the order. Written quotations remain valid for 30 days after date of the received written confirmation on the prices unless otherwise is stated in the Agreement. The cost of translation is based upon the number of pages, size 12, Times New Roman, with the additional fee charged for the difficulty of the translation, which depends on: existence of the specific terminology, area/theme of text in the source language. The topic/subject – medicine, art works, technical, financial/economical, and legal are being adverse factors. Legal/law documents are also recognized as the significantly adverse factor and order of urgency is also considered as an adverse factor that requires additional charge. The standard translation service is 7-8 pages of translation during 8 daylight-working hours. Adverse factors are also considered those services which are being prepared in the nighttime from 22.00 till 6.00 am and during the public/ordinary holidays.
2.2 The company reserves the right to make an additional charge to the quoted amount, if after commencement of translation, changes to the original source text are advised by the Client. Such charge will be agreed with the Client.
2.3 The Agreement shall come into force: – on receipt of the payment order and after confirmation by Company and the Client; – after receive of any legally documented in written or any other form of confirmation that guarantee a full payment that will be provided by the Client to the Company Company after mentioned above will notify the Client and will start the works on the Order;
2.4 Signed Agreement by the Client and the Company will be subject to these “Terms and Conditions”. All terms and conditions appearing or referred to in the order or conditioned by the Client in other forms will have no effect.
2.5 Preliminary quotations are given on the basis of description of the source material by the Client, the purpose of the translation and any other instructions of the Client. The Company may amend such quotations at any time, if the preliminary description of the source materials, instructions or any other are materially inadequate or inaccurate provided by the Client in the Order.
2.6 These Terms and Conditions apply to all Work and services provided by the Company to the Client.
3. Price and Payment
3.1 The value of the Agreement is in Kazakhstan Tenge (KZT), otherwise is stated. The mean of payment is Kazakhstan Tenge,
3.2 The full payment for the services should be done on the prepayment basis, otherwise is stated.
3.4 Failure to pay any invoice by the Client in accordance with the current “Terms and Conditions” or any other terms specified in the Agreement shall entitle Company to suspend further work both on the same order and on any other order made by the Client without prejudice to any other rights, which Company may have to the Client. Company notifies the Client on the termination of works.
4. Completion of Work
4.1 Whilst the Company has a very good reputation for prompt delivery and will always endeavor to meet deadlines, dates or periods for completion of Work are only best estimates and the Company is not liable for the force majeure events of any delay for any reason whatsoever. In particular, such event is that Company cannot be held responsible for delays or information degradation associated with any breakdown whatsoever caused by failures on the Client’s servers or telecoms’ systems, or the Company’s servers or telecom’ systems which are objectively are outside the Company’s control and which are may to occur from time to time.
4.2 Client has to pinpoint the exact time of work completion when making an order. Whilst the Company makes every reasonable effort to meet the requirements of the client; late delivery shall not entitle the Client to withhold payment for Work done.
4.3 Work will normally be dispatched to the Client by electronic mail as an electronic file (Word, pdf, etc). In the event that the Client requires Work to be supplied in hard copy by post, the Company cannot be held responsible for delays in supply or for any failure in the fulfillment of supply caused by the postal system, Company – post supplier, courier. Postage is payable additionally by the Client.
4.4 In cases when the order is necessary to the Client sooner than the agreed dates in the Agreement, then the Company charges supplementary urgency rates for such Order to cover any overtime requirements or additional expenses. Should any other additional costs be incurred from the Company side, The Company is entitled to charge for these costs the Client as well.
4.5 The Company will not be liable and will not accept any liabilities for the consequences of any delay in completion of Order caused by the Client for whatever reason and in this event any agreed old deadlines or any contractual arrangements will automatically cease to be valid and new dates/deadlines must be negotiated.
4.6 The Company reserves the right to sub-Agreement all or a part of the Order to a Contractor or Contractors of its own choice.
4.7 With regards to notarized or any other form of ‘official’ translation the Company expects the Client to meticulously check the translation of last names and other provided in electronic form before the Company will release any hard copy documentation for use. The Company will check any amendments, changes, and corrections and then, if acceptable and agreed, the document will be updated. This process may involve numerous rounds of checking and input by the Client.
5.1 If the Client is unexpectedly absent and does not notify the Company/Interpreter on the time change of the event, then the Interpreter shall wait at the venue until 30 minutes after the agreed start time in agreed venue. Also, when the Client has failed to attend an event then the Company shall charge the full service fee for the expected time and any other expenses.
5.2 The Company shall not charge a service fee if the Interpreter is unable to attend an event due to unforeseen circumstances. In this case the Company will endeavor to arrange a substitute interpreter and notify the relevant parties as soon as possible, however the Company for failing to do so is not liable or accepts no liability. In case of such alternative amendment of the Interpreter and the services provided, the Company charges standard fee for the services of Interpreter.
5.3 The Company shall charge the full service fee if the Interpreter is unavoidably late but is still performed the tasks.
5.4 Whilst the Company provides services by the agreed date/time/deadlines, Company shall not be responsible for delays in completion of the services caused by events and are beyond the Company’s control.
5.5 The Company is not be liable for the Client’s speech and actions performed by the Client on the event, and also for the Client’s any results
6. Cancellation and suspension
6.1 If the Client, for any reason, cancels the Order which is earlier was paid and ordered, then the Client is payable for all completed Order/volume performed by the Company up to the written cancellation date/time made by the Client, including all other costs and expenses (including preparatory work) which may occur as a result of such cancellation. The cost of the Order performed up to written cancelation is self- charged by the Company with the notification to the Client.
6.2 If the Client postpones or suspends the Order he or she has commissioned for the later deadline, then the Client will liable to pay for all commissioned Work up to the date/time of suspension or postponement, including all other costs and expenses which occurred as a result of such suspension. Also, there is a charge for the expecting time in accordance with the article 5.1 of the current “Terms and Conditions” which should be made in the ordinary manner.
6.3 In case of Force Majeure events (Strike, Lockout, Industrial Labour Dispute in the Company, Civil Commotion, Natural Disaster, Acts of War and any other situation which can be shown to have materially affected the Company’s ability to deal with the commission as agreed), the Company shall notify the Client without delay, indicating the circumstances. Force Majeure shall entitle both the Company and the Client to withdraw from the commission, but in any event, the Client is liable to pay the Company for Work already complete and finished up to the moment (date/time) in the written form about such force majeure event.
6.4 Any termination of the Agreement shall not prejudice any rights or remedies of the parties of Agreement, which may have freely been realized by them.
6.5 Cancellation of an interpreting assignment or any other service involving the booking of a linguist for set times, days, periods, etc will be subject to a 50% of the commission cost of the expected Order being issued unless a written notice sent by the Client to the Company in the period of a minimum of 2 working days before the event.
7.1 The Company will not be liable in any circumstances for the consequences of any delay in delivery and/or performance or failure to deliver or perform or if any delay or failure is due to late delivery or performance or non-delivery or non-performance by suppliers or sub – contractors, shortage of labour, an act of God, fire, inclement or exceptional weather conditions, industrial action, hostilities, governmental order or intervention (whether or not having the force of law) or any other cause whatever beyond company’s control or of an unexpected or exceptional nature.
7.2 Delivery to the Client his Order is deemed to have taken place on date/time of posting, faxing or electronic delivery to a carrier (e-mail), delivery from the Company in person to the Client, Representative, since that time the risk shall pass to the Client.
7.3 However, the Company will retain a copy of the files of the Order. In cases where, should there be any loss or damage, the Company may forward a further copy.
8. Responsibilities and Liability
8.1 The Company is not liable for obligations incurred to the Client from 3rd parties, including cases somehow connected with the Order’s documents.
8.2 A complaint by the Client in respect of any Work shall be notified to the Company in writing within 1 (one) working day of the receipt of the Work by the Client. Following completion of a project, the Company agrees to rectify at no charge to the client any inaccuracies, technical errors of translations, or omissions in the Order that are happened due to any reason.
8.3 The Company shall not be liable to the Client and/or any third parties in any circumstances whatsoever for any consequential loss and/or damage of any kind (including loss of benefit, business, Agreements, revenue, damage to reputation or goodwill, anticipated saving costs, and or any other direct and/or consequential loss and/or damage whatsoever) resulting from the use of translated material of the Order.
8.4 Terms and conditions and/or warranties, whether express or implied, about the stylistic quality or any other qualities of translations, and also practicability, purpose of the Order cannot be incorporated into the Agreement unless expressly set out in this ”Terms and Conditions”.
8.5 Whilst the Company undertakes to use its best endeavors to produce an accurate and idiomatic translation of the Client’s original text, the Client must accept that a translation reads differently from good original writing and the Company accepts no liability.
8.6 The Company does not warrant that the Order will meet Client’s specific requirements and that the Work will be uninterrupted or error free. Furthermore, the Company does not warrant or make any representation regarding the further use of the documentation and materials of the Order with its translation, and does not guarantee the validity, originality, correctness, and reliability of the information, documentation of the Order with its translation.
9. Nature of Translation
9.1 A translation is the straight and more or less literal transfer of material written in one (source) language into another (target) language by a translator rigorously applying known precepts of grammar and a knowledge of the vocabulary required for the purposes of any given translation derived from his or her own experience or from dictionaries.
9.2 A translation reflects the quality of the original written material. In the material to be translated where concepts are poorly expressed, where the wrong choice of language has been made, where typographical mistakes are present, where the text is incomplete or factually incorrect, in all or any of these instances and in other the same inadequacies may show up in the translation. The Company is not entitled to take any decisions and perform them on behalf of the Client to make such modifications as might improve the text in translation or elucidate passages of the original text but may notify the Client of such inaccuracies. The Company will not therefore accept any criticism of any translation where these considerations may be at issue.
9.3 In the event specific knowledge of sector-specific terminology is used for the proper translation of a particular piece of written material. Such knowledge and other similar which will be used for the particular translation in the Client’s Order cannot mean that a Company posses any rights for such knowledge or terminology knowledge, therefore the incumbent on the Client to provide such instruction and consultation to the Company for the proper translation of the material, those can be provided in the forms of the glossaries/dictionaries or any other aid for translation.
9.4 In the Agreement “Order” which covers proof reading or text to be submitted to the Client for approval, the Company shall not be liable for any errors not corrected by the Client and also any amendments or modifications made by the Client in the proofs or texts so submitted.
10. Clients Property
10.1 All legal, material, informative or any other risks for the Client’s documents or any other property of the Client, supplied to the Company which and/or will be held or dealt with by the Company to perform the Client’s Order will be at the Client’s risk and the Company will not be responsible for any of the consequential loss and/or damage in connection with the Order, including those in the future periods.
10.2 The Company reserves the right to destroy or otherwise dispose of any documentation of the Client, which has been in the Company’s custody for more than twelve (12) months following completion of the Order to which those documentation relates.
11.1 Either party of the Agreement does not have a right to disclosre in full or partially conifential information of the other Party of the current Agreement in any formats to third parties, apart from stated in article 11.3
11.2 Either party of the Agreement does not have a right to disclose in full or partially in any of the formats any confidential information, that is stated in the order to any third parties, aprt from stated in article 11.3
11.3 Each Party of the Agreement could disclose in full or partially Confidential Informatuon in accordace with the sub- articles 11.3.1 if:
11.3.1 It is required to do so by law and/or governemntal authorities require disclosure on the conditions that the disclosure of the Confidential Information will be practical and legal taking into the account the following actions: a) promptly inform the Client about such necessity in short period of time; b) cooperate with the Client regarding the order, volume and timing of such disclosure
11.4 Regardless of the reasons the liability on the non – disclosure of the confidential information of the article 11 should be in force after the Agreement expiration.
11.5 Each party of the Agreement are agreed that liabilities according to the article 11 are necceessary and rationale to protect the parties of the Agreement from the non – disclosure of the Confidential information.
12. Legal Matters of the Order
12.1 The Company shall not be required to translate any matter, which in the Company’s opinion is or may be of an illegal and/or libelous in the nature. In the case where the copyright exists in texts to be translated by the Company, the Client provides the written warranty that it has obtained all consents necessary for such translation to be made.
13. Intellectual Property and Copyright
13.1 The Company possesses the copyright of the translated text in the Order of the Client. The Copyright of the translation is the property of the Company and will be passed on to the Client only after full payment has been made for the Work.
13.2 Once a full payment has been made for the Order all Intellectual Property Rights (including but not limited to copyright) in the Original text and the translated Work shall vest in the Client (and/or licensors) However, for the avoidance of doubt, Client hereby grants to the Company (and sub-contractors) a license to store and use the Original texts for the duration of the whole Agreement and for the purposes of providing full Work to the Client.
14. Data Protection
14.1 Each party shall provide the adherence in the performance of its obligations in accordance with these “Terms and Conditions” of the relevant legal norms, norms and customs of the business intercourse of the personal data protection and confidential information
14.2 The Company acknowledges that in the processing of incoming data from the Client in the course of providing the services the Company is guided by the instructions of the Client, current “Terms and Conditions”, norms of the business intercourse, law on the personal data protection and confidential information.
15.1 Current “Terms and Conditions” shall be interpreted in accordance with Kazakhstan law and the Company and the Client irrevocably submit to the exclusive jurisdiction of the Kazakhstan Law
15.2 Company and Client under applicable disputes and conflicts of the interest are guided by the norms of the business intercourse and will perform of all the necessary actions for its peaceful settlement of the differences.
15.3 The place the legislative consideration of disputes and conflicts of interest are the judiciary of Astana, Kazakhstan at the location of the Company.
16.1 If any provision of these “Terms and Conditions” is or becomes invalid or/and objectively unenforceable then such terms and conditions will be severed from the rest of the “Terms and Conditions” and will be recognized ineffective in that case if they are not corresponding to the norms of the business intercourse and do not posses a legal force. Neither of the terms and conditions of current “Terms and Conditions”
16.2 These “Terms and Conditions” do not affect, not prejudice, and do not influence the rights and obligations that are not meant to protect any third parties who are not parties to the Agreement to provide services by the Company. Also, any third party: individuals and legal are not entitled to rely and/or to use fully and/or partially the current “Terms and Conditions” These “Terms and Conditions” govern the business relations exclusively between the Company and the Client.
16.3 Nothing of the rules, regulations, conditions in these “Terms and Conditions” are not an offer and are not intended for the joint partnership or joint venture with any individual and/or legal entities. Also these “Terms and Conditions” do not give the right to any third party: individual and/or legal entity to act on behalf of the Company, to give any guarantees and commitments, referring to these “Terms and Conditions” as well as to refer to these «Terms and Conditions» in any other way
16.4 One of our company values is to treat everyone with respect. Therefore the Company would like to ask Clients to act in the same way towards our staff of the Company. Also, Company discloses that abusive, threatening or insulting words and/or behavior toward our staff either via email, on the phone and/or in person are not permitted, and are prosecuted by the law.