Legal DisclaimerOnce an order has been placed and an approval form (payment receipt) has been received by e-mail, you are bound by the terms of our business agreement (see below).
If you cancel your translation project after giving your approval, you will be obliged to pay for all work undertaken. Please note that by placing an order with ‘The Native Translator’, you agree to the terms of this policy and our Business Agreement.
- Copyright in Original Text
‘The Native Translator’ accepts orders from the Client based on the understanding that the relationship shall be considered confidential and shall not include any third party. ‘The Native Translator’ is permitted to use non-contracted translators in certain situations. However in such cases these translators will have to sign a binding confidentiality agreement relating to the specific work to be completed.
In all cases, the Client undertakes to hold ‘The Native Translator’ harmless from any claim relating to the infringement of copyright and/or translation rights and likewise from any legal action, including that which may arise between individuals as a result of the content of the original text or its translation.
- Fees and Quotations
A quotation given by ‘The Native Translator’ is binding and no extra fees will be charged unless extra services are requested by the client following the initial quotation. Quotes relating to scanned PDF/TIF files are based on the average number of words (350) on a standard page.
- Delivery and Payment
Any delivery time/date or time scales agreed between ‘The Native Translator’ and the Client shall be binding only after ‘The Native Translator’ has seen the full text to be translated, and may be subject to amendment in light of any changes made subsequently by the Client.
Payment in full must be made to ‘The Native Translator’ before any translation work can begin, unless otherwise agreed in a separate contract. in the case of long assignments or texts, ‘The Native Translator’ may agree to special contractual terms, which may include regular partial payments.
- Copyright in translation
Where documents, advertising and promotional material is to be used for normal business purposes, it is accepted as standard business practice that payment of the fee to ‘The Native Translator’ automatically transfers all rights relating to the text to the Client in perpetuity including copyright and the right to amend the text. ‘The Native Translator’ shall have no claim over the Client with regard to the translation, unless otherwise agreed in writing.
- Confidentiality and safe guard of Client's documents
‘The Native Translator’ shall at no time disclose any information contained in the Client's original documents or translations thereof to any third party, without the express authorisation of the Client.
‘The Native Translator’ is responsible for safe-guarding the Client's documents or translations, including copies, so long as these are in ‘The Native Translator’s possession, and shall ensure their secure disposal.
If work is commissioned and subsequently cancelled, the Client shall either pay ‘The Native Translator’ a sum relating to the proportion of the work undertaken (appropriate proportion of original fee agreed) and a further sum charged on a time basis for preliminary research and enquiries undertaken, or else shall pay ‘The Native Translator’ a compensatory sum to be agreed upon between the parties. The work completed shall be available to the Client after payment has been received.
- Limitation of liability
In no event shall ‘The Native Translator’ or ‘The Translator Group’ be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use.
The Translator Group i.e. The Native Translator has a liability insurance of 5 mil CHF Insurer is AXA Winterthur.
You agree to defend, indemnify and hold harmless ‘The Native Translator’ or ‘The Translator Group’ , its directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of our services.
- Applicable Laws
All matters relating to your access to, and use of, the site shall be governed by Swiss law. Any legal action or proceeding relating to your access to, or use of, the site shall be instituted in a provincial or federal court in Switzerland. You and ‘The Native Translator’ or ‘The Translator Group’ agree to submit to the jurisdiction of these courts in any such legal action or proceeding.
- Complaints and Disputes
Any complaint relating to work carried out must be made by the Client to ‘The Native Translator’ or ‘The Translator Group’ (or vice versa) within 30 days of the date of delivery of the translation.
For further information contact us directly on email