Terms and conditions

Last updated: 4th July 2024

1.1 – We/us/our means Katy Brickley trading as Go Easy Read, of 23 Avenue Road, Frome, Somerset BA11 1RP.

1.2 – You/your means the party commissioning a translation.

1.3 – We shall provide translation services.

1.4 – We shall be the creator of a translation unless you have been informed that the translation will be subcontracted.

1.5 – Translation shall mean the preparation of a translation or any other translation-related task such as revising, editing, description, etc., which calls upon the translation skills of a translator.

1.6 – Source material shall be understood to mean any text or medium containing a communication which has to be translated and may comprise text or images.

We accept an order from you on the understanding that performance of the translation task will not infringe any third-party rights. You undertake to keep us harmless from any claim for infringement of copyright and/or other intellectual property rights from any legal action which may arise as a result of the content of the original source material, and indemnify us from any losses.

3.1 – In the absence of any specific agreement, the fee to be charged shall be based on our stated rate per page.

3.2 – When we have seen all the source material, we will provide a quotation to the client which will be an offer to do the translation and we will start work on receipt of instructions from you. Quotations will be open for acceptance for 14 days.

3.3 – Where VAT is chargeable it will be charged in addition to the quoted fee if Go Easy Read is VAT registered.

3.4 – You place an order and agree to the Terms and Conditions by replying to the quotation email containing the Terms and Conditions. If the quotation has been provided by post, you agree to the Terms and Conditions by signing and returning the quotation form in the post.

3.5 – Costs of delivery of the translation shall normally be borne by us. Where delivery requested by you involves expenditure greater than the cost normally incurred for delivery, the additional cost shall be chargeable to you. If the additional cost is incurred as a result of action or inaction by us, it shall not be borne by you, unless otherwise agreed.

3.6 – If any changes are made in the text or your requirements at any time while the task is in progress, our fee, any applicable supplementary charges and the terms of delivery shall be adjusted in respect of the additional work.

We will use reasonable endeavours to meet any proposed delivery, but time shall not be of the essence unless specifically agreed in writing.

5.1 – Payment shall be made within 30 days from the date of invoice.

5.2 – For long assignments or texts, we may request an initial payment and periodic partial payments on terms to be agreed.

5.3 – Where delivery is in instalments and notice has been given that an interim payment is overdue, we shall have the right to stop work on the task in hand until the outstanding payment is made or other terms agreed.

6.1 – Once you have paid the fees due to us in full, Copyright in the translation shall be owned by you and we shall, at your expense, execute any documents reasonably required to establish your ownership of the copyright.

6.2 – We hereby waive all Moral Rights to be identified as the author of the translation and to object to derogatory treatment of the translation, provided that we are not identified as the author.

6.3 – If a translation is in any way amended or altered without our written permission, we shall not be in any way liable for amendments made or their consequences.

7.1 – No documents for translation shall be deemed to be confidential unless this is expressly stated by you.

7.2 – The translator shall use reasonable endeavours to prevent disclosure to any Third Party of any information contained in the Client’s original documents or translations without the express authorisation of the Client.

7.3 – We may consult a third party over specific translation terminology queries, provided that there is no disclosure of confidential material.

7.4 – We shall use reasonable endeavours to ensure the safe keeping of your documents and copies of the translations, and their secure disposal.

7.5 – If requested to do so by you, we shall insure documents in transit from us, at your expense. Unless requested to do so, risk in the translation and materials passes to you on dispatch from us.

7.6 – We have no responsibility for the accuracy of technical or corporate statements or for any defects arising from the material you supply to us.  If we send you proofs for approval you have final responsibility for accuracy and acceptability.  We shall have no liability for any errors not corrected by you in proofs submitted. If you do not notify us otherwise within 7 days, you will be deemed to have approved the proofs sent to you. Work required by you on any subsequent alterations and additional proofs after that shall be charged at our normal rates at that time.

8.1 – If a translation task is commissioned and subsequently cancelled or reduced in scope by you, you shall pay us the full contract sum.

8.2 – The work completed shall be made available to you.

8.3 – If you go into liquidation (other than voluntary liquidation for the purposes of reconstruction) or have a Receiver appointed or becomes insolvent, bankrupt or enters into any arrangement with creditors we shall have the right to terminate a contract.

8.4 – Neither we nor you shall be liable to the other or any third party for consequences which are the result of circumstances wholly beyond the control of either party.

8.5 – We shall notify you as soon as is reasonably practical of any such circumstances and assist you as far as reasonably practical to identify an alternative solution.

9.1 – Any complaint in connection with a translation task shall be notified to us by you within one month of the date of delivery of the translation. The Parties shall attempt to resolve the complaint between themselves, and if they cannot, by a suitable method of Alternative Dispute Resolution agreed by them.

9.2 – If a dispute cannot be resolved between the parties it shall be subject to the jurisdiction of the Courts of England and Wales under English law.

9.3 – You must return damaged items to us within 28 days of original dispatch. Damaged items returned by you within this timeframe will be replaced free of charge.

9.4 – You must advise us of non-delivery of goods within 7 days of dispatch.

9.5 – We shall not be liable for damaged, non-delivery or partial loss of goods unless the above conditions have been met, except in any particular circumstance in which you can prove to our reasonable satisfaction that it was not possible to comply with the requirements.

10.1 – The translation task shall be carried out by us using reasonable skill and care and in accordance with UK Association for Accessible Formats guidance and other recognised Easy Read guidance.

10.2 – A translation shall be fit for its stated purpose and target readership, and the level of quality specified.

10.3 – We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the translation.

10.4 – The liability of us on any grounds whatsoever shall be limited to the invoiced value of the work, except where in connection with any consequences which are reasonably foreseeable:

1) the potential for such liability is expressly notified to us in writing before we have given a quotation, and

2) such liability is restricted to limit of cover under the professional indemnity insurance obtained by us and notified to you in the Quotation.

10.5 – Nothing in these Terms & Conditions shall limit or exclude our liability for:

(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation; or

(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

Unless requested otherwise, all translations will contain Go Easy Read’s logo and contact details.