Terms of Business

These terms of business are issued by Joanna Rek-Harrop operating as a sole trader under the business name of "HarropTranslations", and are the basis on which HarropTranslations executes translation and related commissioned work, unless separate agreement has been made with the Client.

1. Role of the Institute of Translation & Interpreting

The Institute of Translation & Interpreting (ITI) is a professional body of qualified and experienced translators and interpreters. To be admitted to any of its grades, members have to undergo stringent admission and verification criteria. Once admitted, they are legally bound by a Code of Professional Conduct that requires ITI members to perform translations in correct and qualified manner. Copy of the Code is available upon request. The Institute will investigate complaints about any alleged breaches of that Code and as a member of the Institute, Joanna Rek-Harrop, described below as "the Translator", is bound by its rules and decisions. However, the Institute is not involved in the individual contracts between the Translator and the Client.

2. Applicable law

These Terms of Business shall be interpreted in accordance with English law, to which both my Client ("the Client") and I ("the Translator") agree to submit in the event of any dispute.

3. Definitions

In these Terms of Business:

a) the Client is the person or corporate body that places a commission with the Translator;

b) the Translator (I, her, me, my) is Joanna Rek-Harrop operating as a sole trader under the business name of "HarropTranslations";

c) the commission is the assignment or work placed with the Translator by the Client and may comprise translation, abstracting, revising/editing translations, proofreading, teaching and other activities connected therewith which calls upon the translation skills of the Translator, but not copywriting or adaptation. Copywriting or adaptation is subject to specific written agreement between the Translator and the Client;

d) the source language is the language in which the text to be translated or abstracted is written;

e) the target language is the language into which the text of the commission is to be translated or the abstract is to be written; any text to be revised or edited will also be in the target language;

f) for the purpose of translation and related work, requirements shall include: layout, software, the purpose and aim of the translation, deadline, target language, (e.g. whether for publication, information, etc), method of delivery, any special terminology to be used, etc, as per "Commission Form".

4. Purpose

These Terms of Business are intended:

a) as a basis for executing commission;

b) as terms of business cooperation with the Client;

c) to form the basis of a good working relationship between the Client and myself as the Translator.

5. Acceptance

Having regard to the Translator's other commitments, the Translator shall not be obliged to accept a commission if the Client asking for a quotation fails to place the work within 14 days of receipt of the estimate.

6. Delivery date(s)

Delivery dates shall be binding only when the Translator has had full sight of the material to be translated. They may be subject to alteration if any amendment is made to the requirements after the commission has been placed. The Client undertakes to deliver the commission promptly to the Translator. The Translator shall not be held responsible for any damage or late delivery of finished work due to the postal or telecommunication services or to force majeure (see clause 16).

Where reference is made to delivery times as "am" or "pm", am shall mean up to 12 noon, pm shall mean between 12 noon and 5:00pm GMT.

7. Fees

7.1 All services are TAX FREE.

7.2 Fees/rates shall be agreed before work is commenced and any estimate based on the Client's description of the work shall not be binding until the Translator has submitted a quotation based on full sight of the commission.

7.3 Fees/rates may be varied after work has commenced if it emerges that not all the relevant information has been provided and/or if there are any changes to the requirements.

7.4 The basis on which fees are calculated shall be agreed before work commences, as shall the charges to be made for any special requirements (e.g. special delivery).

7.5 All work must be paid for. Since I am (the Translator) a qualified translator and interpreter, I will not provide free "test" translations.

8. Payment

8.1 Client pays 30% of the total estimate prior to commencement of the work and the remaining payment of 70% shall be made upon completion of the translating/interpreting assignment or as per individual written contract between the Translator and the Client.

8.2 Interest will be applied automatically at the rate of 8% over base rate (or such rate as it is determined by statute, the latter prevailing) to all overdue sums from the date on which they first become due until they are paid in full, as per the Late Payment of Commercial Debts (Interest) Act 1998.

8.3 In the case of long commissions, the Translator may require payment in instalments. When the Translator has notified the Client that an interim payment is overdue the Translator shall have the right to stop work on the task in hand until the outstanding payment is made or other terms agreed, without prejudice to any sums due and without any liability whatsoever to the Client or any third party.

9. Cancellation

9.1 Cancellation fees shall apply to the Client, if a commission is cancelled by the Client after work has commenced.

9.2 In the event of cancellation of the commission by the Client after it has been placed, the Client shall be liable for all work completed up to the cancellation date and for all other costs and expenses, which may accrue as a result of such cancellation in addition to 50% of the agreed fee based on the rate specified in 7.4, unless otherwise agreed.

9.3 If the Client goes into liquidation (other than voluntary liquidation for the purposes of reconstruction) or has a Receiver appointed or becomes insolvent, bankrupt or enters into any arrangement with creditors the Translator shall have the right to terminate any contract with the Client.

10. Intended use of translation

The intended use of the translation shall always be agreed and stated. The Translator shall not be in any way liable for any other uses of the translated text or their consequences.

11. Original text copyright and translation rights

11.1 If the source language text is copyrighted, the Translator shall only accept the commission on the understanding that the Client:

a) has obtained the translation rights or

b) will be using the translation only for private study.

11.2 The Client shall hold the Translator harmless from any claim for infringement of copyright and/or translation rights and also from any legal action which may arise from the contents of the original.

12. Copyright in translation

12.1 When it is agreed that copyright is to be assigned to the Client after translation, such copyright shall only be assigned when full payment for the commission has been received. Until such time, the copyright shall be owned by the Translator.

12.2 Copyright may subsist in material in written or spoken form or recorded in electronic form.

12.3 If the Translator assigns copyright and the translation is subsequently published, the Translator expects the Client to acknowledge the Translator's work in the same way as for others involved in the publication, unless otherwise agreed.

12.4 If the Translator's translation is in any way amended or altered without the Translator's written permission, the Translator shall not be in any way liable for the amendments or all their consequences.

12.5 If the Translator retains copyright, unless otherwise agreed in writing, any published text of the translation shall carry the statement © Language text Joanna Rek-Harrop (Year date) as appropriate to the particular case.

13. Confidentiality

13.1 The Code of Professional Conduct (clause 3.5.1) of the Institute of Translation & Interpreting requires me as the Translator to treat all work entrusted to me in complete confidentiality.

13.2 As required by the Code of Professional Conduct (clause 3.5.1) of the Institute of Translation & Interpreting, as the Translator, I shall ensure that the need for confidentiality is made known to any third parties (checkers, proofreaders, subject specialists, linguists, cooperating business professionals, etc) I shall employ. When necessary, the Translator shall consult with subject specialists about problems of terminology and other linguistic matters, but I shall ensure in all cases that there is no disclosure of confidential material.

14. Exploitation of knowledge acquired

14.1 As required by the Code of Professional Conduct (clause 3.4.1) of the Institute of Translation & Interpreting, as the Translator, I shall not derive any gain from privileged information acquired in the course of work undertaken.

14.2 As required by the Code of Professional Conduct (clause 3.4.3) of the Institute of Translation & Interpreting, as the Translator, I shall carry out all work entrusted to me with complete impartiality.

15. Responsibility and Liability

15.1 The Translator shall carry out the translation with all reasonable skill and care maintaining the highest standards of work and in accordance with the Code of Professional Conduct of the Institute of Translation & Interpreting. The Translator shall endeavour to ensure that the translation is suitable for its agreed purpose and target readership, ensuring fidelity of meaning and register unless specifically instructed otherwise in writing by the Client.

15.2 The Translator, Joanna Rek-Harrop operating as a sole trader under the business name of "HarropTranslations", shall have sole responsibility and liability for the translating quality of work, which is accepted from the Client.

15.3 The Client is responsible for all his/her/their translating instructions. If for any reason Client decides to change his/her/their translating instructions, it is in his/her/their best interest to contact the Translator, immediately and provide the Translator with a new instruction in writing ensuring that the Translator acknowledged its receipt in writing. The Client will be charged for all work done by the Translator until the time of his new instruction.

16. Force majeure

In the event of the Translator not being able to complete the work within the agreed time as a result of force majeure (i.e. fire, storm, tempest, flood or any other natural disaster, industrial dispute, civil commotion, acts of war, terrorism or any other situation beyond the Translator's control), the Translator shall notify the Client of the circumstances, which shall entitle the Client and the Translator to withdraw from the contract for the work. The Client shall pay the Translator for any work completed and the Translator shall use her best endeavours to assist the Client to place the work elsewhere or take some other remedial action.

17. Complaints

Any complaint by the Client about my work as the Translator and Interpreter shall be submitted to me within 14 days of receipt of the completed commission.

If a dispute cannot be resolved between us the matter shall be referred to the Institute of Translation & Interpreting for arbitration.

Any dispute about the quality of my translation shall be submitted to the Institute of Translation & Interpreting and the Polish Society of Sworn and Specialised Translators for independent assessment.