TERMS AND CONDITIONS

Lingospell Ltd is a company incorporated under the laws of Malta having its registered offices at 2, Geraldu Farrugia Street, Żebbuġ ZBG4531 (Malta) for the purposes of providing the following list of services:

  1. Translation
  2. Localization
  3. Content writing
  4. Revision

General Terms and Conditions of Business

General provisions          

These General Terms and Conditions of Business apply to all business transactions with our clients. These General Terms and Conditions are accepted by our clients through order placement and apply for the full duration of the business relationship, even if we do not expressly refer hereto when accepting individual orders placed. They also apply to future business transactions. Clients include both legal and natural persons.

Orders 

Orders are valid only when confirmed in writing by Lingospell. We are not liable for delays or defects in workmanship that occur as a result of the client’s having submitted incorrect, incomplete, incomprehensible, or illegible information to us, including in the text to be translated. We are not liable for orders that do not directly reach us (emails considered spam or general system errors).  

Orders made by the prospective client are considered valid without taking into consideration the position held by the employer in the requesting company.

Execution by third parties

We reserve the right to commission third parties (external translators) if we deem such to be effective and beneficial. Third parties will be contracted and will have to sign a Non-Disclosure Agreement.

Offers and prices

All offers and prices are subject to change prior to acceptance by both the client and Lingospell. They can be adjusted to reflect actual circumstances and altered scope of work if these change after the placing of an order. Unless otherwise agreed, prices are listed in euros and calculated on a per-word basis. All prices listed in our offers/quotes are net prices, excluding VAT and any other applicable taxes and including project management fees and expenses. Special services are subject to surcharge or are billed per hour. Agreed rates can vary in case of different format, content, language combination or prolonged project management work. Payment terms and methods (except those which are required by law), discounts and other deductions are not granted unless we have expressly agreed to such arrangements.

Quotations in a currency other than euro are based on the rate of exchange at the time of quoting and, unless otherwise stated, the price may be subject to revision up or down if any different rate of exchange is applicable at the date of invoice.

Any quote submitted via the online form on the website www.lingospell.com might be subject to review and price modification.

Special provisions for translations and foreign language typesetting
Certification, adaptation of foreign language advertising texts, text formatting, typesetting and printing work, conversion, proofreading, rush charges as well as establishment and updating of terminology lists or glossaries are billed separately on the basis of time spent or as agreed.

Services

The Services shall be carried out using reasonable skill and care in accordance with the standards of the industry. We shall use all reasonable skill and care in selecting translators and other personnel used to deliver the services. These will be extensively tested before engaging a translator on a regular basis.

We will perform the services commissioned and confirmed by us in accordance with the specific agreement or purchase order and these General Terms and Conditions of Business. We are not obligated to perform services not mentioned in the purchase order. The customer may cancel the order at any time prior to the completion of the translation. If an allocated order is canceled, the customer is obliged to compensate Lingospell for the costs of the completed portion of the translation at that time.

We are not liable for imprecise, unclear, incomplete, incorrect, or false information or terms mentioned in the source text or original document, information provided by the client or in the wording of the order. In the case of orders requiring urgent delivery that necessitate that our services be performed by multiple team members, we assume no responsibility for consistent terminology. We expressly disclaim any liability for damages, and reduction in payment of the amounts billed is excluded. We will establish or update a terminology list or glossary only upon express agreement and subject to an additional charge where the work so requires.

It is a prerequisite that sufficient documents, such as terminology databases, prior translations, word lists, or glossaries be provided to us upon order placement. If these are not provided before the translation process starts, we do not accept any responsibility for inconsistent translations.

We are not liable for style and context alterations needed in such cases like: online publication on website, newsletters or other means if we are not provided with the final means of publication.

Customer support is ensured before, during and after the translation process.

 Delivery dates and partial deliveries

Delivery dates are quoted with due care and are always to be considered as probable delivery dates only. They do not constitute a firm commitment. The preferred deadline indicated by the client will be taken into considerations while planning the project execution. When no deadline is provided by the client we will establish the estimated delivery date according to the current workflow and availabilities.

Disruptions, force majeure, suspension and restriction of operations, network and server errors, viruses

We accept no liability for damage caused by disruption affecting our operations, particularly in the case of force majeure, such as natural disasters, strikes, traffic disruptions, network and server errors, connection and transfer errors beyond our control. In such cases, we reserve the right to rescind the respective agreement in whole or in part if the force majeure continues beyond a period of thirty days or in any case if it appears likely that it will continue beyond the expected delivery date. The same applies when important reasons prompt the suspension or restriction of our operations, particularly our online service, for single days or a specified period, either in whole or in part.

We moreover accept no liability for damage caused by viruses, Trojan horses, auto-dialers, spam mail, or comparable data-related damage. Where data is delivered via the Internet, e-mail, or other modes of remote data transfer, the client is responsible for conducting a final virus and data check on the transferred data and text files. We will not acknowledge any claims for damages. We are not liable for text or data damaged, rendered incomplete, or lost as a result of electronic transmission.

No discounts or reduction of fee is admitted for late deliveries.

Complaints

Complaints will be acknowledged only if reported to us in writing, with an exact description of the deficiency, immediately after review of the translation or service or immediately after discovery in the case of deficiencies that are not readily apparent. Where a complaint is grounded and is properly submitted, we are entitled, at our option, to improve translation or service at least two times or to exchange the translation or service in the shortest time possible and at no extra cost for the client. The client remains obliged to accept the service performed and to render payment in consideration thereof. Style issues (deriving from personal preferences) are not considered complaints and will be amended only upon payment of an extra fee.

Any mistake caused by the client and noticed after delivery will be corrected upon payment of a per-word or hourly rate according to the entity of the mistake.

Delinquent or impossible delivery, rescission, and damages

In cases of delinquent or justifiably impossible delivery or other non-delivery, the client is entitled to rescind the contract only if the delivery deadline has been unreasonably exceeded and where an appropriate extension has been granted. We are not liable for any consequential damage occurring as a result of deficiencies, other indirect damage or loss, or lost profit. Our liability is moreover limited in cases of ordinary negligence to two times the amount billed on the invoice for the delivery or service that has caused the damage.

The client is subject to extensive obligations of cooperation. The client agrees to check every service supplied by us to ensure that it is free from defects and suitable for use in the concrete situation at hand before otherwise utilising the service. We are not liable for consequential damage such as defective printing if the client has not satisfied its obligation of cooperation in full and in due time.

Special provisions for translations

If the client wishes to use the translated text for publication or advertising purposes, or to have the translation formulated in a certain style, the client must provide clear, unambiguous information, glossaries, and style and text guidelines or templates upon placement of the order for the text to be published or for the adaptation, as the case may be. If the client fails to indicate the abovementioned intended purposes upon order placement, and if the text is later used for publication or advertising purposes, the client cannot claim compensation for any damage incurred as the result of its being necessary to repeat the publication or advertisement due to a translation error or erroneous adaptation. Prior to publication, the client is obliged to submit a print draft copy to us for review. If the client prints without release approval from us, this action will be entirely at the client’s own risk.

Lingospell shall not be liable to the customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contractual agreement.

Payment terms

Unless otherwise agreed, we require payment within 15 days from the invoice date. The party placing the order is the party liable for payment in each case. If the client is insolvent, unwilling to pay, or if there are well-founded doubts as to the client’s ability or willingness to pay, we may require immediate payment of all open invoices. In this case, we are also entitled to withhold all open deliveries or goods and release them only upon simultaneous and commensurate payment, or to rescind the contract, at our option. 

Payments that have been remitted are not subject to revocation. If partial payments are agreed, the entire remaining sum will fall due for payment immediately if the client is late inpayment in whole or in part of two consecutive partial payments. Stipulations made by the client with respect to the application of payments are not binding on us. We reserve the right to apply payments to outstanding receivables and interest at our discretion. In the event of a delay in payment and on expiration of a reasonable notice period, we reserve the right to rescind the contract or to claim damages for non-performance. We also reserve the right, after due notification, to withhold all open deliveries or to demand advance payment.  

For orders placed directly via our website, for private customers and for other orders at our discretion, we require advance payment via credit card in the form of an advance payment in the amount of the estimated invoice value. To this end, the client is therefore required to provide his or her name and address, the type of credit card, credit card number, and expiration date when placing orders. By placing the order, the client authorizes us to debit the deposit or invoice amount from his or her credit card account.

For first-time clients/projects exceeding €1000, we require advance payment in the sum of 50% of the total before commencing the translation process.

Interest shall be chargeable according to Maltese law and, in the case of commercial transactions, specifically subject to the interest rates as in the Commercial Code (Late Payment in Commercial Transactions).

Reservation of ownership

We reserve all rights to results of work, if any, of certain ancillary services, such as the creation of subject-specific terminology, a compilation of words, a translation memory or a glossary. 

Utilization or modification of any of our services by third parties requires our prior written consent, for which email communication will suffice.

Non-disclosure

We commit to maintain secrecy regarding the information that is provided to us by the client in the context of our cooperation with each other and labelled as confidential and to take appropriate measures to prevent unauthorized third parties from accessing and/or becoming able to utilize such information and documents. This obligation to maintain confidentiality will terminate as soon as the confidential information becomes public knowledge, or insofar as the information was already known to us by third parties or otherwise made public at the time of disclosure. As a basic principle, we will not disclose the client’s confidential information to unauthorized third parties, but we may employ third parties to perform the services insofar as such third parties are under an obligation to maintain confidentiality. 

In the event of electronic transfer of texts and data between the client and us, we cannot guarantee absolute protection and confidentiality because there are opportunities for external access.

 If and insofar as more-stringent nondisclosure obligations must be complied with in respect of certain documents, the client is obliged to provide us with detailed written notice of such conditions when placing the order.

Prohibition on enticement of employees and contractors

None of our permanent employees and freelance team members is permitted, without our consent, to be employed or to accept orders, whether directly or indirectly, from the client for a term of twenty-four months after the conclusion of the last order placed by the client with us. The client is also not permitted to present any such team members with any offer, whether orally or in writing or in any other fashion, to engage in or solicit such employment or activities.

Limitations

If the text contains offensive, illegal, fraudulent or culpable material in violation of public morals or otherwise racist or which could be interpreted as intended to incite hatred, Lingospell is entitled to reject the order after confirmation. No compensation entitlement is due upon rejection.

Information provided in our brochures or other published material is general description only and is subject to change without notice.

Miscellaneous

By accepting these terms and conditions you will allow Lingospell to occasionally send you promotional material in the form of mail or newsletters. We will limit these communications to tailored offers, new product launches or company/industry updates relevant to your industry, job role or requirements.

You are free to opt out of such communications.

Applicable law

These Terms and Conditions are subject to the laws of Malta and the Courts of Malta or any competent tribunal in Malta shall have sole jurisdiction to settle any dispute concerning their application or interpretation.

Validity

This version of the General Terms and Conditions is valid as of December the 1st 2015.

Amendments to the General Terms and Conditions

The General Terms and Conditions may be subject to change without notice and shall be regularly available on our website. Please contact us if you wish to receive an updated version of these General Terms and Conditions.

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Privacy policy

Any information provided to Lingospell via the website or in emails will be protected in accordance with this privacy policy.

Personal or professional identifying information that you need to submit for administrative purposes include:

  • Name, company, job title and role
  • E-mail address and telephone number
  • Personal or company address + VAT number if applicable
  • Documents for quoting and translation

This information is needed to ensure a high-quality service. We will never sell or pass any of your details on to third parties or external partners.

This information is stored in our internal database. We treat this information with the utmost sensitivity and access to this information is allowed to employees only.