All work carried out by Balthasar Ltd (Balthasar) is in accordance with these terms and conditions unless otherwise agreed in writing. By requesting a translation assignment from Balthasar and consenting to pay for it, you thereby agree to accept the terms and conditions of this agreement.
Rates are established for each project individually, depending on the complexity of the job, and exclude VAT and courier fees, if any. Generally, Balthasar translations are priced per word of the original text. Therefore, the more words to be translated, the higher the price will be for the target document. Specialist translations, such as highly technical/legal documentation, will incur a higher fee, due to the nature of the subject matter.
Verbal quotations are for guidance only. Written quotations are valid for 30 days from date of issue and maybe subject to change thereafter at Balthasar's discretion.
Balthasar enforces a stringent quality assurance system, compliant with the generally accepted industry standard BS EN 15038.
If the job does not meet the standard agreed in writing for each order, Balthasar will revise or rework the job at its discretion, (provided that any such revision or rework if undertaken shall be limited to a maximum of two times the value of any one job).
No liability shall be incurred by Balthasar for errors in any translation required by a date or other circumstances (including but not limited to inaccuracies in the original documents provided to Balthasar) that precludes thorough checking and editing.
The speed of delivery is dependent on the complexity of the task and the quality of the original documentation, amongst other things. Times stated for delivery by Balthasar are bona fide estimates, which Balthasar will use its reasonable best efforts to achieve. However, Balthasar does not accept liability in the event of delivery being delayed due to circumstances beyond its control.
Delivery can be arranged by email, file transfer protocol, fax, courier or regular mail. Prices quoted will be exclusive of courier fees, which shall be at your cost.
Payment is expected within 30 days from date of invoice. Late payments may result in the addition of a service charge to all accounts outstanding beyond the due date. Prompt payment discounts are subject to negotiation.
You have seven (7) working days from the placing of your order (the "Cancellation Period") in which to cancel the order, unless we have started preparing the translation. If work is cancelled after the Cancellation Period or if we have started preparing the translation, Balthasar at its discretion will charge a sum equal to the proportion of the work completed at the point of cancellation, or some other compensatory sum. Balthasar shall also charge you in full any fees charged by individual experts retained for a specific task. The work completed shall be available to you upon Balthasar's receipt of full and final settlement of all balances outstanding to Balthasar.
Any interpreting work or appointment that has been booked will be charged in full, even if cancelled after booking
Balthasar handles all customer information and documentation in the strictest confidence. A specific confidentiality agreement may be completed on request, before any documents are exchanged.
Neither party shall be liable to the other or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or failure to perform, any of its obligations under this agreement if the delay or failure was beyond that party's reasonable control (including, without limitation, any strike, lockout or other industrial action, act of God, war or threat of war, accidental or malicious damage, or prohibition by governments or other legal authority). A party claiming to be unable to perform its obligations under these Terms and Conditions (either on time or at all) in any of the circumstances set out in this clause must immediately notify the other party of the nature and extent of the circumstances in question. If any circumstance relied upon by any party for the purpose of this clause continues for more than (30) days, the other party shall be entitled to terminate this agreement for translation services immediately by sending written notice to the party relying upon the force majeure circumstances.
Limitation of Liability
In so far as the law allows, Balthasar shall not be liable for any loss of profits or contracts, loss of goodwill or other special, indirect or consequential loss or damages whether arising from negligence, breach of contract or any other reason or cause. Balthasar's liability connected with a translation or interpretation assignment shall be limited to the amount invoiced to you for that assignment.
Balthasar shall make every effort to resolve any complaints quickly and effectively. You should address any complaints to Balthasar in writing within thirty (30) days of receipt of the translated document. Should a complaint remain unresolved within sixty (60) days of your initial written complaint, the matter shall be exclusively referred to the decision of a single arbitrator to be agreed between us or, if we cannot agree, appointed at the request of either of us by the President for the time being of the Institute of Arbitrators in London. Arbitration shall take place in London according to the rules of the Institute of Arbitrators in existence at the date of reference to the arbitrator and the arbitrator's decision shall be final and binding on both parties. You and Balthasar agree not to seek court redress except as shall be necessary to enforce the award of the arbitrator. Each of us shall bear our own costs of the arbitration and one half of the arbitrator's costs and expenses, subject to the power of the arbitrator, in his sole discretion, to award all such reasonable costs, expenses and fees to the prevailing party.
This agreement and the services provided by Balthasar shall be governed by and construed in accordance with English law.