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Telephone
800 519 3369
(Toll-free)
FAX
866 639 4771
(Toll-free)
Postal address
620 S. Quail Court
Exeter, CA 93221 |
Clark Translations is a participant in the Better Business Bureau's Online Reliability Program.
You are assured of the highest quality service in all of your translation needs.
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Clark Translations Terms and Conditions
A translation order is a binding agreement between the Client ("the Client") and Clark Translations ("Clark"), covered by the following terms and conditions ("Terms and Conditions"):
1. INTENDED USE
1) When the Client does not indicate the intended use of the translation, Clark shall execute the translation as if it were for information only. However, if in Clark's judgment the apparent intended purpose is otherwise, Clark shall communicate with the Client if possible in order to clarify the intended purpose before beginning translation.
2) If the Client wants to use a translation for a purpose other than that for which it was originally supplied, the Client shall obtain confirmation from Clark that it is suitable for the new purpose. Clark reserves the right to revise the previously supplied translation if necessary, at the Client's cost.
2. PROFESSIONAL STANDARD
1) Clark will provide a clear and accurate translation, but cannot guarantee conformance to the subjective preference of the Client.
2) Clark uses all available measures to ensure translation accuracy, but shall not be held liable for damages due to error or negligence in translation, transcription or formatting. Ultimate responsibility rests with the Client.
3. QUOTATIONS
Cost is determined based on Clark's current price list and the number of words in the source text. Written quotations are valid for 30 days. Verbal estimates are not binding and are subject to written confirmation on receipt of the text for translation.
4. PAYMENT
All orders pending credit approval. In the event of an unfavorable credit report, a 100% advanced payment is required before translation begins. Payment terms are net 21 days in US dollars, by US check or money order. Wire transfers are subject to a $25 fee. Late payments will be assessed a penalty of 1.5% per month. Costs of collection efforts including but not limited to collection agency fees and/or attorney fees incurred during the collection process will be the responsibility of the Client. All disputes shall be brought within the territorial jurisdiction of Tulare County, California. On receipt of payment, the copyright will be transferred to the Client.
All first orders under $500 require prepayment by credit card. An account is opened for a client only if a subsequent single order exceeds $500. Any exceptions are at Clark's discretion.
5. ORDERS
By placing an order or submitting a purchase order to Clark, the Client indicates acceptance of the Terms and Conditions at the time of the order. Clark reserves the right to change the Terms and Conditions without notice. It is the Client's responsibility to check the Terms and Conditions prior to placing an order or submitting a purchase order to Clark.
6. TRANSLATION DELIVERY
Clark's date given for delivery is an estimate only. Clark will make every endeavor to meet the date, but shall not be liable for any damage or loss arising directly or indirectly from its failure to meet such an estimated date. The Client may, at any time after such date, give Clark reasonable notice regarding an expected delivery period of not less than seven days. If delivery does not take place within that period, the Contract will be considered cancelled and no charge will be made. If the translation is delivered after this period of notice passes and the Client does not rescind the cancellation of the Contract, Clark requires the immediate return of the translation and a signed disclaimer of the Client's right to use the same. Clark reserves the right to subcontract all or part of the work to a contractor(s) of its choice.
Delivery occurs upon transmission by email, fax, FTP or standard mail, and the risk passes to the Client. Clark shall retain a copy of the translation and in the event of any loss or damage will forward an additional copy free of charge.
In the event of Force Majeure (Natural Disaster, Acts of War or any other situation that materially affects Clark's ability to deal with the Client's order) Clark shall notify the Client immediately of the circumstances. Force Majeure shall entitle both Clark and the Client to cancel the order, but the Client will pay Clark for work already completed. Clark will make every reasonable effort to place the Client's order elsewhere.
7. URGENCY
Urgent translations may necessitate an urgency surcharge. As the time period required may not allow the time needed to perform the standard thorough quality control check, Clark will not be liable for the standard of any work submitted on an urgent basis.
8. CANCELLATION
All orders are final. Exceptions made at the sole discretion of Clark Translations, in the event of which the Client shall pay to Clark 25% of the complete project cost or costs for the work completed, whichever is greater; costs for the work completed are based on the proportion of the complete fee that the completed work bears to the original text.
9. LIABILITY
a) When the fulfillment of obligations to the Client is prevented for any reason beyond Clark's control, Clark shall be relieved of all liability.
b) Clark shall not under any circumstances be liable to the Client or any third party for loss or damage of any kind, and the Client shall indemnify Clark against all claims and demands upon Clark for any loss or damage.
c) If any error or omission in the translation is identified, Clark will correct the work.
d) For a translation intended for publication, Clark will accept responsibility for any errors or omissions only if the galley proof is submitted to Clark for a final check before printing. The Client will be responsible for checking all figures (numbers and graphics) and Clark will not be responsible for any errors in the figures.
e) In the event the Client uses the translation for a purpose other than that originally indicated, the Client shall not be entitled to any compensation by Clark, and the Client shall indemnify Clark against any resulting loss.
10. COPYRIGHT, CONFIDENTIALITY and LIBEL
The Client warrants that the translation does not infringe any copyright or other proprietary right and is not a betrayal of confidentiality or libel, and shall indemnify Clark for 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 that if sustained would constitute a breach of such warranty.
11. REPRESENTATION
An oral representation or statement shall not be binding upon Clark, and nothing shall be implied from any such representation or statement.
12. COPYRIGHT
The Copyright of the translation is the property of Clark, and becomes the Client's property only after receipt of full payment for the translation.
13. COMPLAINTS
Any complaint regarding the translation will be considered within 28 days of the date of translation delivery.
14. SETTLEMENT OF DISPUTES
The parties agree to make good faith efforts to settle disputes. Late payments will be assessed a penalty of 1.5% per month. Costs of collection efforts including but not limited to collection agency fees and/or attorney fees incurred during the collection process will be the responsibility of the Client. All disputes shall be brought within the territorial jurisdiction of Tulare County, California.
15. GOVERNING LAW
All contractual relationships between the Client and Clark shall be governed by United States law.
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