In this Agreement, the following expressions will be given the following meanings, unless the context clearly requires or specifies that they mean something else.
Agreement refers to these standard Terms of Service.
Project refers to the period during which I provide services or carry out work for or on behalf of my Client (you) or as otherwise agreed between us, commencing at the time at which I begin such services or work, and ending upon the cessation by me of all such work and services.
Client (or you, or your) refers to the Party commissioning a Translation or Editing Task. Clients may be natural or legal persons, including, for example, private individuals, associations, organisations, partnerships or corporate entities.
Confidential Material means any commercially sensitive or private information relating to you and your business and any personal information relating to you as an individual.
Party or Parties refer to the parties to this Agreement; the Client (you) and the Translator (me). Parties may be natural or legal persons.
Quotation refers to a separate document specific to each Project that I will provide to you when you commission work from me and which should be considered in conjunction with this Agreement. The terms stated in the Quotation may prevail over those in this Agreement where this is explicitly stated.
Source Language refers to the language in which the original Source Material is written, for example Spanish or French.
Source Material refers to any text or other medium provided by you to me containing a communication which is to be translated, edited or otherwise acted upon. This may include text, sound and/or images.
Target Language refers to the language in which I will produce the Translation; in other words, the language into which I will translate your Source Material. Like all professional translators in the UK, I only translate into my native language, and so the Target Language will always be English — either British English or American English. Preferential spellings, punctuation conventions and other matters of style will be determined by your preferred style guide or, by default, my own.
Translator (or I, me or my) refers to the Party providing a Translation or carrying out an Editing Task in the normal course of business, which will almost always be me, Ruth Grant, trading as Tinta Viva Translation. The Translator shall be the creator of the Translation. I do not subcontract work to any other language service providers. If in very exceptional circumstances I need to do this, I shall explicitly inform you of the reasons for this before any Translation or Editing Tasks commence.
Translation Task refers to the preparation of a Translation or any other translation-related task such as revising, editing, proofreading, etc. and which calls upon the skills of a translator. It does not include administrative tasks or client communications, although these may form part of the broader Project.
Editing Task refers to the preparation of a revised version of an English-language text that you have asked me to copyedit, revise or proofread. It does not include administrative tasks or client communications, although these may form part of the broader Project.
Translation refers to the commissioned work created by the Translator in the Target Language.
Edited Document refers to the commissioned revised version of an English-language text that I have copyedited, revised or proofread.
Third Party refers to any party who is not a party to this agreement, i.e. anyone other than the Translator and the Client.
Unless otherwise stated, this Agreement should be interpreted as follows.
a) Words in the singular shall include the plural and vice versa.
b) Any reference to one gender shall, unless the context otherwise requires, include a reference to other gender states.
c) No numbered clause or part of any numbered clause shall be read separately from any other part.
d) A reference to a statute or statutory provision is a reference to its current form, as amended, extended or re-enacted from time to time.
e) Any words following the terms ‘including’, ‘include’, ‘in particular’, ‘for example’ or any similar expression shall be construed as illustrative and shall not limit the sense of the preceding words.
f) This Agreement shall be governed by and interpreted in accordance with the laws of England and Wales.