Trusted Translations – Terms and Conditions
Trusted Translations, Inc. (“TTI”) will provide client with the translation of their submitted text as requested by the client subject the following terms and conditions.
Completion of Work
TTI shall complete the project in a quality and professional manner with reasonable speed and diligence as agreed upon with the client. TTI will deliver quality that is equal to or exceeds industry standards or as otherwise agreed by the parties.
“Confidential Information” shall mean all information disclosed to or obtained by TTI that is not publicly available, and which relates to past, present or future products, programs and business activities, or clients customers. TTI shall hold all such Confidential Information in trust and confidence for client and shall not use Confidential Information other than for the benefit of client and, except as may be authorized by client in writing, TTI shall not disclose any such Confidential Information, by publication or otherwise, to any person other than TTI’s employees and persons necessary to complete the client’s project.
All graphics, documents, transcripts, computer and electronic files related to the Project developed by TTI for client, shall be considered work for hire and shall be the sole and exclusive property of the client. TTI shall give all such work for hire to client upon request and not use it for itself or any third party without the written authorization of client. Client shall have the right to obtain copyright registration, for all or part of the work for hire and its own name and client shall own all copyrights and any other intellectual property rights for same.
TTI represents that it is an independent contractor and is not an agent or employee of client or any other party. TTI shall comply with all applicable worker’s compensation and unemployment compensation laws, and all other laws, rules and regulations to which it is subject.
Any and all disputes arising under or connected with this agreement shall be amicably and promptly settled upon consultation of the parties, but in case of failure to reach such settlement within forty-five days of a written notice of dispute then the matter shall be settled by arbitration. The arbitration shall be conducted in the Commonwealth of Virginia or other location agreed upon by the parties pursuant to the rules of the American Arbitration Association. The costs of arbitration are to be borne equally by the parties. Any arbitration award may be enforced by any court having jurisdiction.
This letter contains the entire understanding of the parties and supersedes all prior agreements and understandings between client and TTI. No understandings, alterations or changes in the terms and conditions of this agreement shall be valid or binding on either party unless reduced to writing and signed by the parties. This agreement shall be construed under, and governed by, Virginia law.
Since translations are a subjective process through which an individual may express the same meaning using different word choices, Trusted Translations will not be liable for such variations.
Indirect and Consequential Damages
Trusted Translations shall not be liable under any theory at law, in equity or otherwise for any special, exemplary, punitive, incidental, indirect, or consequential damages (even if Trusted Translations has been advised of same), including without limitation lost profits or revenues. The entire liability of Trusted Translations for any claim, loss or damages under any theory at law, in equity or otherwise, including without limitation contract, tort, negligence and strict liability, arising out of this agreement or the engagement of Trusted Translations in connection with the project in question, the performance or breach hereof, or the subject matter hereof shall not in any event exceed the sum of the payments actually made by the Client to Trusted Translations pursuant to this agreement.
This Agreement may not be orally modified. Only a modification in writing, agreed to by both parties, will be enforceable. Authorization via electronic mail shall constitute written agreement.
If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and the invalid term, clause or provision shall be deemed to be severed from the Agreement.
By agreeing to these terms, the Client (a) agrees to be bound by all the provisions hereof (including all the terms and conditions set forth within this document), and (b) acknowledges the sole responsibility to make full payment of all charges and expenses relating to the project as agreed by the parties.