The following is a
legally binding agreement between the Client and
Elite Translations Asia Pte. Ltd governing the
terms of the services rendered or to be rendered by
Elite Translations Asia Pte. Ltd.
In the event of any
possible dispute(s) or complaints in relation to
provided services or any of the elements comprising
or related to those services, these Terms and
Conditions shall control. Submission of an endorsed
official quotation issued to The Client (as defined
below) to Elite warrant The Client have read,
understood and expressly agreed to be bound by the
of all terms and conditions contained in this
service agreement.
1.
DEFINITIONS
1.1
"Elite" refers to
Elite Translations Asia Pte. Ltd
1.2
"The Client" refers
to the individual(s) or business entity who have
accepted an official
quotation issued by Elite Translations Asia Pte. Ltd.
1.3
"Source Materials"
refers to the documents, materials, and other items
forwarded to
Elite for service hereunder.
1.4
The Deliverable"
signifies the final, processed version of the Source
Materials provided
by Elite to the Client.
2.
PRICING/DELIVERY
Elite is entitled to
amend pricing and/or delivery estimate quotations
following the receipt and evaluation of the full and
final text/form of Source Materials to be
translated. Elite reserves the right to carry out a
word count once in possession of the Source
Material.
The Client will be
advised by Elite in the event that the word count
carried out by Elite differs to the one initially
specified by The Client. In this event, no work will
be undertaken by Elite without notifying The Client
of any resulting price difference to the original
quote.
The Client will be
advised by Elite of any possible additional charges
or change of delivery date prior to performing the
service.
3.
CLIENT
SPECIFICATIONS
The Client may be
required to provide an "Approved Glossary" and
instructs Elite to use it in relation to the
specified Source Material. If an "Approved Glossary"
is not forwarded by The Client, Elite will translate
any specialised terms appearing in the Source
Material on the basis of their usual and
conventional semantic interpretation, and otherwise
carry out the service based on Elite's standard
service processes and procedures.
Where this is
applicable, The Client needs to specify at the time
of ordering the language variation. Where this is
not specified by the Client, Elite will assume that
that either type is satisfactory.
All Source Materials
submitted by The Client to Elite need to be legible
and have to be delivered to Elite in such time and
format as specified by Elite, that is to say: Word,
PDF, JPG, GIF, TIF, Excel, Power Point.
Elite does not bear
responsibility for delay in delivery due to The
Client failing to forward any Source Materials in a
timely and appropriate way or in an acceptable
format.
4.
EXTRA SERVICES
a)
Typesetting/Typographic service
The Client needs to
provide Elite with an editable design template along
with the details of the key elements of the
typesetting service required and specify the
language of the Deliverable before submitting the
order. Elite bears no responsibility or obligation
in relation to lack of relevant information. In the
event of The Client requiring further modification,
The Client may ask Elite to extend the revision
window but this will be subject to extra costs.
Price and completion changes resulting from the
additions towards work already submitted shall
depend on the nature, extent and implications of the
required work. Elite will notify The Client of the
price and completion time before further
modification is carried out.
b)
Transcription
service
The Client needs to
provide Elite with a good quality audio source along
with the details of the key elements of the
transcription service required and specify the
language of the Deliverable before submitting the
order. Elite bears no responsibility or obligation
and reserves the right to cancel its commitment to
the transcription service in relation to poor audio
quality source. In the event of The Client requiring
further modification to the transcript, The Client
may ask Elite to extend the revision window but this
will be subject to extra costs. Price and completion
changes resulting from the additions towards work
already submitted shall depend on the nature, extent
and implications of the required work. Elite will
notify The Client of the price and completion time
before further modification is carried out.
c)
Proofreading service
The Client needs to
provide Elite with both the document that needs
proofreading and the original document from which
the service was done. When there is enough evidence
that the quality of the translated document is below
standard, Elite will have full right to apply its
standard service rates. In this case, Elite will
notify The Client of the price and completion time
before the service is carried out.
d)
Interpreters service
The Client needs to
provide Elite with details of the event and specify
the language of the Deliverable before submitting
the order at least 5 working days before the event.
Elite bears no responsibility or obligation and
reserves the right to cancel its commitment to the
event in relation to lack of relevant information.
The Client may ask Elite to extend the man hours but
this will be subject to extra costs. Price changes
resulting from the additions towards work already
carried out shall depend on the nature, extent and
implications of the required work. Elite will notify
The Client of the price and completion time before
further modification is carried out.
e)
Document
legalization
The Client needs to
specify at the time of the order whether the
document will have to be valid nationally or
internationally. Where this is not specified by the
Client, Elite will assume that the first option is
satisfactory. In both cases, the proofreading
service of the translated document is compulsory. In
the event of the Client requiring a document to be
notarised, The Client will be required by Elite to
submit the original document. While Elite will take
all the possible steps to meet the delivery
deadline, Elite bears no responsibility or
obligation in relation to delays due to force
majeure or government bureaucracy.
5.
ERROR HANDLING AND
REVISIONS
The Client agrees
that Elite bears no responsibility or obligation in
relation to any proven or perceived errors
identified by The Client in the Deliverable Material
unless Elite receives written summary at the point
of submission.
In the event where
The Client submits a summary of errors at this time,
Elite undertakes to correct the Deliverable at no
additional cost to The Client.
For documents
containing up to 10,000 words, The Client will have
7 days (1 business week) to address service problems
and requested revisions. This period is extended to
14 days (2 business weeks) for documents containing
more than 10,000 words unless otherwise implied by
Elite in a written notice. After this time,
amendments will be subject to an administration fee
of SGD$50.00 for administration plus an additional
SGD$25.00 per hour spent by the translators or
proofreaders.
6.
COMPLETION/DELIVERY
A Deliverable is
considered delivered only when Elite either emails,
faxes or otherwise communicates it to the Client,
with Elite being able to show a verification of
successful communication upon request by The Client.
Delivery dates only
become valid once they have been expressly confirmed
by Elite in a communication to The Client. In the
event of a delay in delivery by Elite, Elite will
inform The Client of the reasons.
Elite is entitled to
a sufficient extended period for completion of the
work. In the event of Elite not meeting the agreed
extension period, The Client will be entitled to
negotiate for a reasonable reduction of the
applicable fees.
The customer shall
not be entitled to claim discount of fees if the
delay is due to force majeure or other circumstances
over which Elite has no control.
All other possible
claims by The Client towards Elite are precluded
under the provisions of this Service Agreement.
In the event of a
cancellation of endorsed already submitted to Elite
by the Client, The Client is liable to pay a
cancellation fee of SGD$250.00 or its equivalent.
In the event where
The Client notifies Elite of a cancellation of a
service in progress, The Client remains liable for
payment for the work already performed by Elite
prior to the time of The Client's notice of
cancellation. This payment will be in addition to
the SGD$250.00 cancellation fee.
7.
MODIFICATIONS/ADDITIONS TO SOURCE MATERIALS
FOLLOWING THEIR
SUBMISSION TO ELITE
In the event of The
Client wishing to incorporate modifications or
insert additions to already submitted Source
Materials, The Client shall submit to Elite a
summary clearly indicating the proposed changes.
Price and completion
changes resulting from the incorporation of
post-submission modifications or additions towards
work already in progress shall depend on the nature,
extent and implications of the required changes and
percentage of work already completed. Elite will
notify The Client of the price and/or of completion
time changes in relation to the original estimate
before the changes or additions are carried out and
incorporated in to the Deliverable by Elite.
8.
DECLARATIONS AND
WARRANTIES
Elite declares and
undertakes to carry out the service in a manner
consistent with its standard service procedures.
The Client declares
and warrants the following:
* that they own or
are licensees of the Source Materials and all
components thereof.
* that the service
of the submitted Source Material and any subsequent
use of the Deliverable is not in infringement of any
copyright rights held by a third party.
9.
LIABILITY
Elite shall not be
liable for any incidental, special, or consequential
damages or loss of any nature whatsoever, nor for
any claim against The Client by any other person or
entity, arising from or relating to services
rendered by Elite, 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 Elite
has been advised of the possibility of such damages,
anything contained in related proposals and other
documentation notwithstanding. Elite shall not be
responsible for any loss or damage to, nor the
return of, any Source Materials.
10.
WARRANTY DISCLAIMER
Elite makes no
warranty or declaration in relation to any possible
uses of Deliverable Material by The Client or any
other parties. Elite does not warrant that the use
of any information relating to or contained within
therein shall not infringe any proprietary right
held by a third party.
The above warranties
and declarations of Elite are in lieu of all other
warranties, expressed or implied, including any
implied warranty of merchantability or fitness for a
particular purpose.
11.
TERMINATION OF
AGREEMENT
As a consequence of
The Client being in breach of this Agreement, Elite
has the right to terminate the provision of
services. In such an event, The Client is liable for
all outstanding fees related to services already
completed and for all work in progress.
Should Elite breach
this Agreement, The Client is entitled to terminate
the service relationship with Elite and cancel any
already submitted order(s). In this event, Elite
shall return to The Client all Source Materials
previously supplied by The Client. The Client will
also receive any and all completed work prior to the
date of cancellation. In the above eventuality, The
Client will only be liable for fees applicable to
work already completed. A cancellation by The Client
on the basis of a breach of the agreement on behalf
of Elite will not warrant the standard cancellation
fee of SGD$200.00 or 10% of the total value of the
contract, whichever is the greater.
12.
CONFIDENTIALITY
Elite guarantees
that the content of all Source Material submitted by
The Client will remain confidential.
Elite guarantees
that all information pertaining to or describing the
nature of all Source Material will remain
confidential.
Only with the prior
consent of The Client will Elite disclose any
information related to the Source Material to any
person other than the employees/contractors employed
by Elite who need access to the Source Material in
order to carry out the work.
The above provisions
will cease to apply in the event of :
* Elite being
required by law to disclose such information to
empowered authorities.
* Information
pertaining to the Source Material is or becomes a
matter of public knowledge other than by disclosure
by Elite.
13.
OWNERSHIP
All proprietary
rights, to the Source Materials and the
Deliverables, are and remain the sole and exclusive
property of The Client.
Notwithstanding the
above, all Deliverables shall remain the property
(but not the risk) of Elite until such time as Elite
has received the full applicable fees for work
carried out in producing the Deliverables.
14.
INDEMNITY
The Client shall
indemnify, defend, and hold harmless Elite, its
owners, directors, officers, employees, contractors,
representatives, agents, and successors and assigns
from and against any and all losses, damages, costs
and expenses, including legal fees, resulting from,
arising out of or incident to any suit, claim or
demand based on:
* The adherence to
this Agreement by either party,
* Any commercial
activities undertaken by The Client, including the
imposition of any kinds of taxes.
* any claim that the
Deliverable infringes any proprietary right held by
a third party.
15.
PAYMENT
The Client will pay
Elite all applicable fees for services rendered via
the following methods:
i)
Cheques in China Dollars or US Dollars made
payable to
"Elite
Bilingual Services Pte. Ltd"
and mailed to
Blk
134 Jurong East St 13 #03-307H, HDB Commercial
Complex Singapore 600134.
ii)
Bank or wire
transfers to arrive in Singapore Dollars or US
Dollars to Elite's bank
accounts in the Singapore. All additional bank transfer
costs will be met by The
Client.
iii)
Credit Arrangements
Where credit
arrangements have been established between Elite and
The Client, The Client shall make full payment to
Elite for all services rendered within seven (7)
days of receiving a valid invoice from Elite unless
otherwise specified by Elite. Payment terms will be
arranged prior to order confirmation and detailed on
the invoices. Such invoices are usually distributed
by Elite to The Client via email and post.
If The Client
entitled to a credit arrangement does not forward
payment within the above specified period, Elite is
entitled to charge interest at the rate of 5% above
per month until the entire amount due is received.
The Client alone is liable for payment; payments by
other parties shall be accepted only on condition of
prior arrangement.
The Client may not
offset an invoice against other claims unless these
are undisputed or legally enforceable.
In the event of
Elite needing to engage the services of a law firm,
solicitor, or debt collection agency to enforce the
collection of outstanding fees from The Client, then
The Client agrees to pay Elite the full costs and
commissions charged by the law firm, solicitor, or
debt collection agency.
16.
LEGALITY
This Agreement shall
be governed by, enforced and construed in accordance
with the laws of Singapore.
