Terms and Conditions of Service
For the purpose of these Terms and Conditions “the Company”, "Japanology Kerry Consulting", "Japanology Translation" "Japanologytranslation.co.uk", “we”, “our” or “us” refers to Japanology Kerry Consulting Limited (Registered in Ireland No. 581127 whose main registered office address is at Knockane, Ballyheigue, Tralee, Co. Kerry, Ireland) and “Client” or “you” represents the company, firm, body, organisation, or person contracting Japanology Kerry Consulting Limited to undertake service(s) on its behalf.
“Agreement” is defined as the agreement between the Client and the Company governed by the Terms and Conditions of service.
“Terms and Conditions” means these standard Terms and Conditions as set out below.
“Order” means a confirmed request by you for our Services.
“Services” means translation services performed by us for you, or any other service provided.
“Work materials” means any information communicated or transmitted to us by you in order to perform the Services provided herein.
“Confidential Information” means information (in any form) which is confidential either to you or to us and which either you disclose to us or we disclose to you in connection with the Services.
On submitting an Order, the Client enters into a binding Agreement with the Company, covered by the following Terms and Conditions:
Payment shall be made 100% in advance of any and all translation work being undertaken. Japanology Kerry Consulting owns the copyright of and maintains a lien over any and all translation work carried out until such time as payment for that translation has been made by the client and received by Japanology Kerry Consulting.
2- Payment Methods:
All payments to Japanology Kerry Consulting shall be made either through the PayPal™ online payment system on the Japanology Kerry Consulting website or via Electronic Bank Transfer to the Japanology Kerry Consulting bank account.
3- Limitation of Liability:
Japanology Kerry Consulting shall not be liable for any incidental, special or consequential damages or loss of any nature whatsoever, nor for any claim against the customer by any other person or entity, arising from or relating to services or product rendered by Japanology Kerry Consulting, regardless of the nature of the claim or the form of the cause of action, whether in contract or in tort, or otherwise, and even if Japanology Kerry Consulting has been advised of the possibility of such damages by anything contained in related proposals and other documentation. Japanology Kerry Consulting shall not be responsible for any loss or damage to, nor the return of, any source material(s). The maximum liability to the customer by Japanology Kerry Consulting shall in all cases be limited to the value of the order.
4- Governing Law:
These terms and conditions are governed by and are to be construed in accordance with the laws of the Republic of Ireland exclusively.
5- Settlement of Disputes:
Both parties should make efforts to settle disputes in good faith but failing that disputes between the Client and the Company shall, at the request of either party, be referred to a person agreed between the parties or (in default of Agreement within 10 days of notice from either party) to a person chosen on the application of either party to the Irish division of the Chartered Institute of Arbitrators. The decision of the Institutes’ Arbitrator shall be binding on all parties involved and shall be final. Both parties will be required to share the costs of the arbitration procedure.
Japanology Kerry Consulting shall treat all knowledge of customers’ intentions, production methods and business organisation as confidential and shall not, at any time, divulge such information without written consent from the customer. Japanology Kerry Consulting shall not divulge any information relating to or arising from the work commissioned and the work carried out in relation to it unless or until such information lawfully comes into the public domain. The customer will not divulge any information relating to or arising from the commission and the work carried out in relation to it unless or until such information lawfully comes into the public domain. For specific project security requirements, Japanology Kerry Consulting can additionally provide specific Non-Disclosure Agreements.
No conditions other than those set out herein nor any variation thereof shall be binding on the Company unless otherwise specifically agreed in writing by an officer of the Company. These conditions shall be incorporated in every quotation, acceptance, and contract for work by us subject to the foregoing; any conditions proposed by the Client are hereby excluded.
Delivery is deemed to have taken place by emailing, faxing, posting or delivery to a carrier, as the case may be, and the risk shall pass to the Client. However, the Company will retain a copy of the translation and, in the event of there being any loss or damage, will forward a further copy to the client free of charge.
9.1. Quotations are not binding on the Company and are given subject to confirmation by the Company upon receipt of the Client’s order. No Agreement shall be concluded until such confirmation is given. Written quotations remain valid for 10 days after despatch and thereafter will lapse unless otherwise stated in writing.
9.2. Quotations are given on the basis of the Client’s description of the source material, the purpose of the translation and any other relevant instructions. Such quotations may be amended at any time if, in our opinion, the description of the source materials is materially inadequate or inaccurate.
9.3. Information provided in the Company’s brochures, website or any other published material is a general description only and does not form part of these Terms and Conditions.
10- Completion of Work:
10.1. A date agreed by the Company for delivery is given and intended as an estimate only. The Company will make every endeavor to meet such an estimated date but shall not be liable to make good any damage or loss, whether arising directly or indirectly out of its failure to meet such estimated date.
10.2. The Client and the Company may, at any time after such date, in regard to the original anticipated delivery period, agree a further date for delivery, and if delivery has not taken place by such a date, no charge will be made and the Contract will be considered cancelled, without further liability.
Although an urgency surcharge may be levied on urgent translations, because such urgency may preclude the necessary time to check and edit the translation, the Company will not accept any liability for any work submitted on an urgent basis. Should such completion of work necessitate overtime being worked or other additional costs being incurred, a charge will be made to cover the increased cost.
12- Intended Use of Translation Services:
12.1. When relevant the Client shall clearly indicate in writing the intended use of the translation.
12.2. Unless otherwise requested in writing a translation is undertaken for information and understanding only, which is of a high enough standard for use in general correspondence.
12.3. If requested in writing, the translation may be the final document which will not be further edited by the Client or other-related third parties.
12.4. Should a Client wish to use a translation for any other purpose than that for which it was originally supplied, the Client shall obtain confirmation from the Company that the translation is suitable for the intended new purpose. The Company reserves the right to amend and adapt, at the cost of the Client, the previously supplied translation, if necessary, for its new purpose.
12.5. Where the purpose of the translation is not disclosed to the Company, the Company shall proceed with the translation as if it were for information purposes only. However if, in the Company’s judgement, the assumed intended purpose is otherwise, the Company shall communicate with the Client, whenever possible, before commencing translation in order to clarify the intended purpose.
12.6 The extent of the Company’s liability in relation to a translation is detailed in Section 9 Liability.
13.1. The Company shall be relieved of all liability in respect of obligations incurred to the Client which it cannot fulfill for reasons beyond its control.
13.2. The Company’s entire liability to the Client under this Agreement including but not limited to the Services provided shall not exceed the price payable to us by you under the Contract to which any claim relates.
13.3. The Company shall not be liable for loss of profits, business, contracts, revenue, damage to the Client’s reputation or goodwill, anticipated savings, and or any other indirect or consequential loss or damage whatsoever
13.4. The Company shall incur no liability to the Client for innocent or negligent misrepresentation by virtue of any statement made by or on behalf of us prior to the Agreement, whether orally or in writing, and you shall not be entitled to rescind the Agreement on the grounds of any such misrepresentation.
13.5. Whilst the Company undertakes to use its best endeavour to produce an accurate and idiomatic translation of the original text, the Client must accept that a translation may read differently from good original writing and so no liability is accepted by us for an alleged lack of advertising or sales impact. We may indicate errors or omissions in any original material supplied by you.
13.6. The Company shall not be liable for errors in conversion from one system of measurement to another, for transliteration of names and other proper nouns from one script to another or for translation of abbreviations, neither shall we be liable for errors resulting from illegibility of any material supplied by you or for any consequent loss or damage thereupon.
13.7. In the event of the Client using work carried out for a purpose other than for which it was supplied, the Client shall not be entitled to any compensation by the Company, and you shall indemnify us against any loss you incur, in goodwill or otherwise.
13.8. Where the Services provides proofs or texts to be submitted to the Client for approval, the Company shall not be liable for any errors not corrected by the Client or any amendments or modifications made by the Client in the proofs or texts so submitted.
13.9 The Client acknowledges that any materials submitted by and to you over the Internet cannot be guaranteed to be free from the risk of interception, even if transmitted in encrypted form, and that we have no liability for the loss, corruption or interception of any materials.
14.1. Unless otherwise stated, prices are in euro (€) and are inclusive of value added tax (VAT). You remain solely liable to pay taxes and/or any penalties or interest on any taxes whatsoever which are payable by as a result of your purchase of services from us.
14.2. Payment is requested by electronic bank transfer or via PayPal through the PayPal portal on our website, unless otherwise specified in writing by us. All payments shall be made without deduction or set-off of bank charges.
14.3. The order shall be paid for in full at the time of purchase and before any work is undertaken by us.
14.4. 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 is subject to exchange rate fluctuations at the date of invoice.
14.5. Failure to pay any work done by us in accordance with these Terms and Conditions or any others specified in writing at the time, shall entitle us to suspend further work both on the same order, and on any other order from you, without prejudice to any other right we may have.
15- Illegal Matters:
The Client warrants that the required translation does not infringe any copyright or other proprietary right nor does it contain anything of an obscene, blasphemous or libellous nature and shall indemnify the Company in respect of all actions, claims, proceedings, costs and damages incurred or awarded and paid in respect of, or arising out of, any breach of such warranty or out of any claim by a third party based on any facts which, if substantiated, would constitute a breach of such warranty.
The Copyright of the translation is the property of the Company and will be passed on to the Client only after full payment has been received for the translation. The Client hereby agrees to grant us permission to store and use the work materials for the duration of the Agreement and for the purposes of service provision.
No oral representation of statement shall be binding upon the Company, whether as a warranty or otherwise, nor shall anything be implied from any such representation or statement.
18- Data Protection:
18.1. Each party shall ensure that in the performance of its obligations under these Terms and Conditions it will at all times comply with the relevant provisions of the Data Protection Acts 1998 & 2003.
18.2. The Company acknowledge that if we are required to process any data in the course of providing services governed by this Agreement we shall do so only on your instructions.
19- Cancellation and Suspension:
19.1. If the Client for any reason cancels work which has been commissioned, charges will be payable for all the completed work up to the cancellation date and for all other costs and expenses which may accrue as a result of such cancellation.
19.2. If the Client suspends or postpones work commissioned for a period of 15 days or more, charges will be payable for all commissioned work up to the date of suspension or postponement and for all other cost and expenses which may accrue as a result of such suspension.