Terms and Conditions
1.1 TJC GLOBAL provides specialist assistance to individuals and companies in respect to multiple language translation and interpreting services. TJC GLOBAL also undertakes on behalf of Customers business project management and industrial co-ordination involving multiple languages.
2.1 In these terms and conditions the following meanings shall apply: "TJC GLOBAL" or the “Company” means TJC GLOBAL LTD, a business carried out from 38 Walton Street, Oxford, UK and includes any employee, agent or other person that it engages to assist in the provision of the services. "Customer" means a person or company for whom services are provided by TJC GLOBAL. "Services" means the agreed services to be provided by TJC GLOBAL. "Charges" mean the charges invoiced by TJC GLOBAL for the provision of its services.
3. Services to be provided
3.1 TJC GLOBAL will provide the Customer with interpreting and /or translation services and / or co-ordination and project management involving the languages listed under our service. TJC GLOBAL is available to provide assistance on short or urgent notice but any request made by a Customer should be confirmed immediately in writing, by fax, or by e-mail to avoid any unnecessary delay in starting the required work.
3.2 You agree that TJC GLOBAL will not be asked to enter into any contract involving the translation or interpretation (or the provision of any other service) of material which may, in the opinion of TJC GLOBAL, be judged to be libelous or of an illegal nature. It is presumed that the Customer has obtained all relevant consent and permission for the use of any copyrighted material which exists in texts or transcripts to be worked upon by TJC GLOBAL. If any claims, costs or expenses arise from the provision of copyrighted or otherwise illegal material by the Customer, the Customer shall be responsible for all such costs.
3.3 You agree that TJC GLOBAL and its linguists will not be asked to undertake any assignments involving translation, interpreting or any other duties which may infringe any third party, including infringement of copyright and of intellectual property rights. TJC GLOBAL and its linguists will have no involvement in any legal action – including defamation – should this arise as a consequence of the source material involved, its translation or its interpretation.
3.4 You agree that TJC GLOBAL and its linguists will not be asked to undertake any assignments in hazardous or unsafe environments, or where there are any breaches of Health and Safety. Should this occur and should any subsequent expenses be incurred as a result of breaches of Health and Safety standards or hazardous conditions, TJC GLOBAL shall be entitled to charge the Customer for these costs.
3.5 The Client's acceptance in writing of the quotation submitted by the Company shall constitute a contract. The company may consider as a Client any person or entity that has placed an order with the Company, unless the said person or entity has explicitly stated that they are acting on behalf of and at the expense of a third party, with whose name and address they shall provide the Company on placing the order.
4.1. TJC GLOBAL interpreting charges are based on daily, half day or hourly rates for interpreting services or advisory work. The level of these charges depends upon the complexity, the urgency and the nature (including the use of specialist and technical terminology) of the Customer's requirements. Where daily rates apply, rates are based on an 8 hour day (09:00AM – 17:00PM basis) with at least 1 hour for lunch. For simultaneous interpreting, daily charges usually apply up to 8 hours attendance with several breaks, 6 hours of which may be for interpreting. For an interpreting assignment, time for preparation of highly technical documents will be chargeable at a rate confirmed prior to acceptance of the assignment. This should be discussed and agreed in advance.
4.2. TJC GLOBAL translation charges are dependent upon the number of source words or characters, the source and target languages, the urgency of the work, the nature and complexity of the content of the text and the specialist and technical terminology involved. For documents that have not been viewed by TJC GLOBAL prior to confirmation and acceptance of the quote, the amount shown in the quote may be subject to change to adjust an estimated word count upon which the quote was based, to the actual source word count established in carrying out translation.
4.3. Standard charges of TJC GLOBAL are reviewed and, if appropriate, amended annually on 1st January of each year. A copy is available upon request. In the absence of a quotation for the work undertaken, the rates in force at the date of invoice will apply.
4.4. TJC GLOBAL will also be pleased to undertake work at a negotiated fee, subject to our proposals being confirmed or accepted in writing by the Customer.
5. Completion and the delivery of work, and Customer Payment
5.1. The Customer should specify a deadline or delivery due date for translation work prior to it being carried out. ‘Delivery’ takes place at the actual time of sending the translation by email, fax, post, courier, or over the Internet. The Customer should then confirm their receipt of the translation after delivery. TJC GLOBAL will endeavor to meet all delivery dates and/or times. Unless specified by the Customer prior to the assignment taking place, a delay in the delivery of work will not entitle the Customer to repudiate the Contract or agreement or the payment terms with TJC GLOBAL. TJC GLOBAL will not be liable for any consequences should there be delay in the completion of work. Should the delivery date and/or time be bought forward, a surcharge may be added for Urgent Translation in addition to any overtime and other costs that are incurred. For Urgent Translation, TJC GLOBAL will endeavor to submit translation free of any defects, however allowance must be made by the Customer should this occur. Should the delivery date and/or time be bought forward, TJC GLOBAL shall not be held liable if there is a delay in the submission of translation, and the Contract or agreement and the payment terms between the Customer and TJC GLOBAL will not be repudiated should this occur. TJC GLOBAL shall not be held liable or responsible should the original documents for translation or the submitted translation work be intercepted and/or corrupted in any way during its delivery.
5.2. TJC GLOBAL will invoice the Customer upon the completion of the work for any one item of work. Where the work is ongoing, TJC GLOBAL may send an interim invoice at the end of each month. 100% payment of the invoice amount shall be made within 30 days from the date of invoice. All payments shall be made without deduction or set-off of bank charges. The Company reserves the right to charge Customers any bank transfer fees and expenses and any other currency conversion costs in addition to the Fee. TJC Global shall add onto the Fee to all United Kingdom Customers Value Added Tax. For all other Customers, the Fee will exclude Value Added Tax and any other similar sales taxes, as appropriate, which shall be payable by the Customer in addition to the Fee.
5.3. In the event that payment has not been received by TJC Global after 30 days, a reminder requesting payment will be sent to the Customer and any discounts or reductions on the quoted price will cease to be applicable (they will become null and void). For overdue invoices, TJC GLOBAL reserves the right to charge a daily charge calculated from the total invoice amount at 8.5% per annum above the base rate of the Bank of England to all overdue sums from the date on which they first become due until they are paid in full. For foreign currencies, the exchange rate will be applied from HSBC Bank on the appropriate day. Failure to pay any invoice in accordance with the foregoing terms, or other terms specified in the Contract, shall entitle us to suspend further work both on the same order, and on any other order from our clients, without prejudice to any other rights we may have.
The compensation arising from late payment under section 5A of the Late Payment of Commercial Debts (Interest) Act 1998 shall also apply. If the outstanding unpaid amount is not cleared within 120 days then TJC Global reserves the right to automatically commence legal proceedings in order to recover fees from The Client. TJC Global shall seek the services of a law firm, solicitor, or debt collection agency to assist in the collection of the payment from The Client, then agrees to pay TJC Global the full costs and commissions charged by the law firm, attorney, solicitor, or debt collection agency for such services plus an additional administration fee of £150.00 to compensate TJC Global for the time required to collect the outstanding payment.
5.4 Unless otherwise stated, prices are in pound sterling and are exclusive of Value Added Tax and any other tax or duty. TJC GLOBAL shall invoice the Customer for all appropriate taxes and expenses for which we are liable to collect. The Customer shall be liable to pay any penalties or interest on such taxes which are payable by us as a result of any delay in paying such taxes.
Quotations in a currency other than pound sterling are based on the rate of exchange at the time of quotation and, unless otherwise stated, the price may be subject to revision if any different rate of exchange is in place at the date of invoice.
6. Customer Restrictions (Non-Solicitation)
6.1. Unless otherwise agreed with TJC GLOBAL, the Customer shall not have any direct contact with the interpreter(s) or translator(s) supplied by TJC Global (except on the day(s) of interpreting assignments). The Customer (which for the purposes of this clause includes any of the Customer's Affiliates) shall not, either directly or indirectly, on its account or for any other person, firm or company solicit, employ, endeavour to entice away from TJC GLOBAL or use the services of TJC GLOBAL's Staff or any of its freelance linguists. All communication and negotiations with TJC personnel or consultants must be made through TJC GLOBAL.
7.2 TJC GLOBAL will treat any information it encounters concerning a Customer or the Customers’ business (such as contact details) as confidential and will not use or disclose any such information without the Customers’ consent or unless otherwise required by law.
7.3 TJC GLOBAL shall not treat documents for translation as confidential unless this is explicitly required by the Customer. If TJC GLOBAL is required to maintain confidentiality by the Customer in writing with or without a signed NDA (Non Disclosure Agreement) or Confidentiality Agreement in place, TJC GLOBAL shall not disclose any such material or content without contacting the Customer first for their permissionity.
7.4 As stated above, a Non Disclosure Agreement or Confidentiality Agreement can be put in place if necessary, upon request.
8. Cancellation of work
8.1 If the Customer cancels Services, following written or verbal confirmation from TJC GLOBAL of the Services to be provided, cancellation fees shall apply as stated in the quote issued for the cancelled Services.
9. Interpreting Services
9.1 This clause applies to the provision of interpreting services by TJC GLOBAL. Clauses 1-17 shall also apply to interpreting services; in the case of any inconsistencies between this clause and others, this clause shall prevail.
9.2 Any documentation or relevant reference materials shall be provided to the interpreter no later than 48 hours prior to the start of the assignment. If these materials are not made available before this time, TJC GLOBAL shall not be liable for any complaints regarding the quality of the interpreting services provided.
9.3 Overnight accommodation for the interpreter shall be arranged or otherwise provided as necessary, to be agreed in advance of the assignment. The cost of accommodation, subsistence and traveling expenses, shall be payable by the Customer. Time spent traveling will be charged at a rate to be agreed upon prior to the beginning of the assignment.
9.4 In the case of death, sickness or injury of an interpreter prior to or during an assignment, TJC GLOBAL shall attempt to find a replacement interpreter, but will not be held liable if a suitable replacement cannot be found.
10.1 TJC GLOBAL will make its best efforts to provide a fast and accurate service for all Customers. If the Customer is dissatisfied with the Work undertaken, this should be discussed with TJC GLOBAL. The Customer must express this dissatisfaction in writing within 5 days of receiving the finished work (for translation) / within 5 days of the completion of an assignment (for interpreting). TJC GLOBAL shall endeavor to correct any errors or omissions caused by negligence on their part, to the satisfaction of the Customer. If TJC GLOBAL does not receive any complaints, TJC GLOBAL shall have no liability or obligation regarding errors in translation. Complaints or expressions of dissatisfaction from the Customer shall not permit a delay in the payment / late payment of the invoice.
10.2 TJC GLOBAL will not be liable for any perceived loss of business by the Customer as a direct or indirect result of the work carried out by TJC GLOBAL.
11. Client Property
11.1 TJC GLOBAL shall not be held responsible for the loss or damage to any hard copies of documents, materials, papers or other property supplied to TJC GLOBAL by the Customer. TJC GLOBAL reserves the right to discard, dispose or destroy any materials, documents, papers or other property sent by the Customer 12 months following the assignment to which it relates.
12.1. TJC Global shall be entitled to terminate the Contract or proceedings with you at
any time by written notice if:
- The Customer commits a breach of the Contract and fails to remedy the breach (if applicable and possible) that is deemed amendable within 7 days of receipt of a written notice from us.
- The Customer become bankrupt or (being a company) becomes subject to an administrative order or go into liquidation, or any situation that threatens financial backing and credibility as a Client.
13. Health and Safety
13.1 TJC GLOBAL acknowledges our statutory responsibility to co-operate with the client company's health and safety requirements, provided that TJC GLOBAL is given prior notice of these. Whilst on company premises our staff shall be afforded by the company the same protection for health and safety purposes as is due to its employees. If we are required by the company to enter the premises of a third party, the company will ensure that the third party also affords such protection to our partners and staff as is due to its employees.
14. Data Protection
14.1 Each party shall ensure that in the performance of its obligations under these Terms and Conditions it will at all times comply with relevant provisions of the Data Protection Act of 1998. We acknowledge that if we are required to process any data in the course of providing the Services we shall do so only on your instructions.
15. Force Majeure
15.1 TJC GLOBAL shall not be liable in any way for failure or delay in the provision of our services if the failure or delay is due to causes outside the reasonable control of TJC GLOBAL, such as, but not restricted to, accident or injury, delay or cancellation of flight or train, natural disaster, severe weather conditions, fire, industrial action, acts of war, and any other situation which can be shown to have affected the ability of TJC GLOBAL to carry out the agreed work or services.
16. Governing Law and Jurisdiction
16.1 These terms of business shall be governed by and construed in accordance with the laws of England and Wales and any dispute arising out of this engagement or these terms shall be subject to the exclusive jurisdiction of the English courts.
17. Email delivery/electronic file delivery
17.1 Emails and files we send electronically are expected to arrive swiftly and intact. If you do not receive an expected email or file within 24 hours, TJC GLOBAL urges you to contact us and request a resubmission. If an email successfully sent from TJC GLOBAL is not received satisfactorily on one or more than one occasion, any non-delivery will need to be resolved on the recipient’s side. TJC GLOBAL will send emails and files to an alternative email address upon request.
18.1 All notices or other communications under a contract shall be sent in writing to the other party's principal place of business (in the case of the company, it is the business address set out in the invoice Order), or to other addresses given by the party or to the address of the other party to which normal communications relating to the contract have been or are being sent in the ordinary course of business.
These terms and conditions are subject to change without prior written notice.
TJC GLOBAL LTD.