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Terms & Conditions | Conditions | Términos y Condiciones

Terms & Conditions | Conditions | Términos y Condiciones

General Terms and Conditions

Dryden Language Services

1. General

These general terms and conditions apply to all legal relationships between Dryden Language Services (DLS) and its Clients, and supersede any terms and conditions referred to, offered or relied on by the Client, except where DLS specifically approves the application of such terms in writing.

2. Quotations and contracts

2.1 Quotations and estimates issued by DLS are free of obligation. 
2.2 In cases such as urgent enquiries DLS may issue a provisional quotation, to be designated as such and subject to amendment upon further review of the enquiry.
2.3 The Client's oral or written acceptance of a quotation or, if no quotation was submitted, written confirmation by DLS of an order placed by the Client shall constitute a contract. 
2.4 The Client shall be considered to be the person who places the order, except in the case of alternate arrangements agreed in writing with DLS.

3. Client changes and cancellations

3.1 In the case of significant alterations to the order made by the Client following engagement of a contract, DLS reserves the right to either modify the quoted price and/or term of delivery or cancel the order. In the latter case, DLS shall be entitled to payment for work already completed. 
3.2 In the case of cancellation of an order by the Client, DLS shall be entitled to claim payment for any work already completed, including research and/or preparation. In this case, DLS shall make such deliverable work as has already been completed available to the client.

4.1 DLS undertakes to fulfil orders to the best of its ability, and shall be responsible for the knowledge and competencies required to do so. 
4.2 Unless explicitly agreed otherwise, DLS shall be entitled to hire others to fulfil the order (in full or in part), without prejudice to DLS's responsibility for the confidential treatment (see section 5) and proper fulfilment thereof. Work completed in this way shall be reviewed by DLS to ensure quality and compliance with the Client's requirements.
4.3 The Client shall honour any request for information by DLS about the content of the text to be translated as far as possible, as well as requests for documentation and lists of terms if such are available. Such information and documentation shall be dispatched at the Client's expense and risk.
 

4. Fulfilment of orders

DLS shall keep all information and/or documents provided by the Client strictly confidential. This also applies to information and/or documents provided for quoting purposes, including documents uploaded using the Enquiries form on the DLS website.
 

5. Confidentiality
 

6.1 All delivery dates are provisional except where an explicit written agreement stipulates otherwise. DLS shall notify the Client as soon as possible if it perceives that it will be unable to meet an agreed delivery date. 
6.2 If a fixed delivery date is explicitly established in writing and DLS fails to meet it for reasons other than matters beyond its control, and if the Client cannot reasonably be expected to accept delayed delivery, the Client shall be entitled to cancel the contract. In such cases, however, DLS shall not be liable to pay any damages whatsoever. 
6.3 Standard delivery is of electronic documents via email. Alternative arrangements such as printing and postage of hard copies may be arranged upon request. This should take place before confirmation of the order and depending on the Client's requirements DLS reserves the right to apply an additional fee for this service.
6.4 Delivery shall be deemed to have taken place the moment the product is sent by email, post, fax, courier, online upload, etc.
 

6. Term and date of delivery
 

7.1 Prices are generally based on DLS' standard per-word or per-document rate, which may be increased or decreased in consideration of the length and/or complexity of a text, urgency of the request, or other relevant factors. 
7.2 All prices shown or advertised are advisory only, except those stated in a final (i.e. non-provisional) quotation. DLS reserves the right to alter prices not fixed by a final quotation at any time and without notice.
7.3 Payment for products supplied under the contract is due 14 days after the invoice date and shall be remitted in the currency invoiced. If payment is not made by the due date, the Client shall be in default, immediately and without notice of default being required.

7. Prices and payment
 

8.1 Should the Client have any complaint about a product delivered by DLS, it shall submit them in writing as soon as possible, yet never later than 10 days after receiving said product. Lodging a complaint shall not release the Client from their obligation to pay. 
8.2 In the case of a valid complaint, DLS shall be granted a reasonable period of time to improve or substitute the product. If DLS cannot reasonably be expected to perform the required improvements or substitution, it may grant the Client a discount. 
8.3 The Client's right to raise complaints shall be void if the Client has edited or has hired others to edit the part or parts of the product concerned in the complaint, regardless of whether or not they have subsequently supplied the product to any third party.

8. Complaints and disputes
 

9.1 DLS shall be exclusively liable for damage directly and demonstrably arising from shortcomings attributable to its own error e.g. mistranslations or omissions. DLS shall under no circumstance be liable for other forms of damage, such as consequential damage, loss of profits or losses due to delays. DLS's liability shall never exceed the invoice amount of the product in question. 
9.2 Ambiguity and/or illegibility of the text to be translated shall release DLS from any liability whatsoever. 
9.3 The decision whether the use of a text to be translated/edited or the translation/edited version thereof produced by DLS entails any risk of injury or losses due to injury shall be entirely at the Client's expense and risk. 
9.4 No liability whatsoever shall be incurred by DLS with respect to damage to or loss of documents, information or information media provided by the Client to facilitate fulfilment of the contract. Nor shall any liability be incurred by DLS with respect to damage incurred as a result of the use of information technology and telecommunications media. 
9.5 The Client shall indemnify DLS against any claims by third parties deriving from use of its products.
 

9. Liability and indemnity

10.1 Any failure on the part of the Client to meet their obligations, including that caused by bankruptcy, a moratorium or liquidation of the Client's company, shall entitle DLS to either cancel the contract (in part or in full) or postpone its execution without becoming liable for any damages on the part of the Client. In such cases, DLS shall also be entitled to immediate payment. 
10.2 In the event that DLS is unable to meet its obligations due to circumstances beyond its reasonable control, it shall be entitled to cancel the contract without becoming liable for damages. Such circumstances include, but are not limited to: fire, accidents, illness, strikes, riots, war, transport restrictions and delays, government measures, disruption of the operations of internet service providers, and other instances of force majeure.

10. Cancellation by DLS

11.1 Barring explicit, written agreement to the contrary, the copyright to any translations or other texts produced by DLS shall remain its own. 
11.2 The Client shall indemnify DLS against any and all claims by third parties in respect of alleged violation of property rights, patent rights, copyrights or other intellectual property rights relative to the fulfilment of the contract.
 

11. Copyright

12. Applicable law

12.1 The contract shall be deemed to have been made in Australia and shall be subject to Australian law. 
12.2 Any disputes which may arise between the commissioning party and the commissioned party from this agreement or any other agreements shall be heard by the competent Australian court.