Terms of Business & Code of Conduct

As a Member of the Chartered Institute of Linguists, I adhere to the CIOL Professional Code of Conduct. You can read this here: https://www.ciol.org.uk/sites/default/files/Code.pdf 


As a member of the Panhellenic Association of Translators, I adhere to the PEM Code of Ethics and Conduct. You can read this here: https://pem.gr/about-us/our-code-of-ethics-and-conduct/?lang=en


My work is governed by the following Terms of Business:


These Terms of Business are issued by Evangelos Drakou, Founder & Owner of Drakou Translations and are the basis on which he executes translation and related work.


1. Role of the Chartered Institute of Linguists


The Chartered Institute of Linguists is a professional body of qualified linguists. To be admitted to any of its grades, members have to undergo stringent admission criteria and, once admitted, they are governed by a Code of Professional Conduct, a copy of which is available from www.ciol.org.uk. The Institute will investigate complaints about any alleged breaches of that Code and every CIOL member will be bound by it. However, the Institute is not involved in these Terms of Business or any contract between the Translator and the Client and will accept no liability in connection with these Terms of Business or any contract between the Translator and the Client.


2. Applicable law


The Contract shall be governed by the laws of England and the Client agrees to submit to the exclusive jurisdiction of the English courts.


3. Definitions


In these Terms of Business:


a) the Client is the person or corporate body that places a Commission;


b) the Commission is the assignment or work placed with the Translator by the Client and may comprise translation, abstracting, revising/editing translations or any other similar work or associated work to be agreed between the Client and the Translator;


c) the Contract is the contract entered into between the Client and the Translator in respect of the Commission and any requirements of the Commission;


d) the Translator is the practitioner who accepts the Commission;


e) the source language is the language in which the text to be translated or abstract is written;


f) the target language is the language into which the text of the commission is to be translated or the abstract is to be written; any text to be revised or edited will also be in the target language;


g) for the purpose of translation and related work, requirements shall include the required layout, software,
deadlines, target language, the purpose of the translation or related work (e.g. whether for publication,
information), method of delivery, any special terminology to be used, whether proof reading/checking will
be done by the client.


4. Purpose


These Terms of Business are intended:


a) as a basis for executing Commissions and will be made available to Clients on request; and


b) to form the basis of a good working relationship between Clients and the Translator.


5. Acceptance


A Commission shall not be considered as agreed and confirmed until a signed Contract has been exchanged
between the Translator and the Client.


6. Force majeure


6.1 If unavoidably prevented from fulfilling the Commission, the Translator will notify the Client of the circumstances,
which shall entitle the Client and Translator to withdraw from the contract. The Client shall pay the Translator
for any work completed and in consultation with the Client, use reasonable endeavours to source a replacement
Translator of equivalent competence and qualifications.


6.2 As a safeguard against hard disk failure or theft of computer equipment, the Translator will back up all work
externally on a daily basis.


7. Fees


7.1 Fees/rates shall be agreed before the Commission is commenced and any quotation based on the Client's
description of the work shall only be binding once full details of the Commission and the requirements have been
confirmed in writing.


7.2 If it emerges after the Commission has commenced that not all the relevant information has been provided and/or
if there are any changes to the requirements, the Translator may vary the fees/rates accordingly.


7.3 The Translator will not provide free “test” translations.


8. Payment


8.1 All work must be paid for and payment shall be made within 15 days of the date of the invoice issued by the
Translator to the Client.


8.2 In the case of long commissions, the Translator may require payment in instalments.


9. Cancellation


In the event that the Commission is cancelled by the Client, the Translator shall be entitled to cancellation fees
as follows:


a) 50% of the fees specified, if the cancellation is received by the Translator more than 6 calendar weeks
before the beginning of the Commission;


b) 75% of the fees specified, if the cancellation is received by the Translator less than 6 calendar weeks
but more than 2 weeks before the beginning of the Commission; and


c) 100% of the fees specified, if the cancellation is received by the Translator at any time on or after the date
falling 2 weeks before the beginning of the Commission.


10. Copyright in translating


10.1 When it is agreed that copyright is to be assigned to the Client after translation, such copyright shall only be
assigned when full payment for the commission has been received. Until such time, the copyright shall be
owned by the Translator.


10.2 Copyright may subsist in material in written or spoken form or recorded in electronic form.


10.3 If the Translator assigns copyright and the translation is subsequently published, the Translator expects the
Client to acknowledge their work in the same way as for others involved in the publication, unless otherwise
agreed (for example, in the case of promotional material).


10.4 If the translation is to be incorporated in a translation memory, the Translator shall license use of the
translation for this purpose.


10.5 If the translation is in any way amended or altered without the Translators written permission, the Translator
shall not be in any way liable for the amendments made or their consequences.


11. Confidentiality


11.1 The Code of Professional Conduct of the Chartered Institute of Linguists requires Translators who are CIOL
members to treat all work performed by them or any third parties (e.g. checkers, proofreaders) and any information
given to them as confidential.


11.2 The Client shall not, without the express written consent of the Translator, disclose to third parties any information relating to his/her fees.


11.3 The Translator will not make copies in addition to those required in the normal conduct of business and copies shall be for internal use only. Only such copies shall be retained as are required for professional indemnity insurance.


12. Complaints


12.1 Any complaint by the Client about the Translator’s work shall be submitted to the Translator within 30 days.


13. Liability


13.1 Neither party shall, under any circumstances whatsoever, be liable to the other, whether in contract, tort (including negligence) or restitution, or for breach of statutory misrepresentation, or otherwise, for any:


a) loss of profit;
b) loss of goodwill;
c) loss of business;
d) loss of business opportunity;
e) loss of anticipated saving;
f) loss of corruption of data or information; or
g) special, indirect or consequential damage, suffered by the other party that arises under or in connection
with the Contract.

Updated 15/09/2020

DRAKOU TRANSLATIONS

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