1. “Translator” shall mean the party providing a translation in the normal course of business.
“Client” shall mean the party commissioning a translation in the normal course of business.
The Translator shall normally be the creator of a translation unless the Client has been explicitly informed that the act of translation (the translation task) will be subcontracted, or the Translator customarily trades as an intermediary.
Translation task shall mean the preparation of a translation or any other translation-related task, such as revising, editing, etc., which calls upon the translation skills of a Translator, but not copywriting or adaptation.
The parties may be natural or legal persons, including, as an example only, private individuals, associations, partnerships, economic interest groupings or corporate entities.
A Translator may act as an intermediary. A relationship involving an intermediary of any nature acting in the normal course of business shall comprise two (or more) direct and discrete Translator/Client contracts.
Source material shall be understood to mean any text or medium containing a communication which has to be translated, and may comprise text, sound or images.
The nature of such charges shall be agreed in advance.
7. If any changes are made in the text or the Client’s requirements at any time while the task is in progress, the Translator’s fee, any applicable supplementary charges and the terms of delivery shall be adjusted in respect of the additional work.
9. Payment in full to the Translator shall be effected no later than 30 days from the date of invoice by the method of payment specified. Any (bank) charges or fees associated with the payment are the responsibility of the Client. For long assignments or texts, the Translator may request an initial payment and periodic partial payments on terms to be agreed. The translator also reserves the right to request 50% upfront payment from new clients or clients who were in default of payment before.
10. Settlement of any invoice, part-invoice or other payment shall be made by the due date agreed between the parties or in the absence of such agreement within the period stipulated in Clause 9.
Where delivery is in installments and notice has been given that an interim payment is overdue, the Translator shall have the right to stop work on the task at hand until the outstanding payment is made or other terms agreed.
This action shall be without prejudice to any sums due and without any liability whatsoever to the Client or any third party.
26. Where in the course of business the translator’s Client is an intermediary and introduces the translator to a third-party work-provider, the Translator shall not knowingly, for a period of 6 months from return of the last translation task arising from the introduction, approach the said third party for the purpose of soliciting work, nor work for the third party in any capacity involving translation, without the Client’s written consent.
However, this shall not apply where: