Terms and Conditions of Business
The conditions set out below define the contractual obligations including those of price, delivery and liability of The Sterling Choice Ltd.
In the following document “the Company” means The Sterling Choice Ltd; “Client” means any individual or company to whom the Company contracts to supply services. “Work” means the services supplied to the Client by the Company. “Conditions” refer to the present terms and conditions.
These conditions apply to all work for the Client, unless otherwise specifically agreed in writing. In placing an order the Client implicitly accepts these terms and conditions. All Company brochures, catalogues, and other published matter are intended for information only and do not form part of any contract between the Company and the Client.
Work is carried out on the basis of a written quotation issued by the Company to the Client, which is valid for a period of 30 days. The Company shall determine the fees to be charged for the translation. In the case of quotations given to the Client without sight of the complete text to be translated, the Company reserves the right to amend the fee or the estimate of the fee should the text differ materially from the description given or the sample text disclosed or if the Client subsequently introduces any changes to the original text. Upon receipt of the complete text, the Company undertakes to confirm in writing any amendments to the price, delivery or execution of the translation.
Delivery times for completion of the work are a bona fide estimate which the Company will endeavour to achieve. The Company does not accept liability either to the Client or to any third party for any delay in completing the work due to circumstances beyond its control. Delay shall not under any circumstances be deemed to be a breach of contract by the Company. The Client shall not be entitled to treat the contract as void in the event of such a delay nor will the Client be entitled to withhold payment for the work done.
The Company accepts no liability for the consequences of any delay in completion of the work assignment caused by act of God, Fire, Storm, Tempest, Flood, natural disaster, acts of war, terrorism or civil commotion, trade disputes, breakdown of equipment or any other circumstance outside the Company’s control. Should this occur, any deadlines or delivery dates given will be invalid pending negotiation of new dates. The Company accepts no liability for delay once the work has been passed to the postal authorities.
The Company accepts an order from the Client on the understanding that the copyright of the text to be translated is held by the Client. The Company cannot be held responsible for any inadvertent infringement of copyright by the Client or for any defamation. The Company takes no responsibility for any infringement resulting from the possible misuse by the Client of the copyright of the original text. The Client undertakes to indemnify the Company against all claims resulting from any legal proceedings as a result of work carried out in good faith by the Company on behalf of the Client.
The Company reserves the right to refuse work which it considers to be of a libellous, obscene, blasphemous, illegal or otherwise unsuitable nature.
The Company shall not be liable for errors nor for any resulting loss or damage arising from the illegibility of the text supplied by the Client.
Payment in full for all work must be made within 30 days from the date of issue of the invoice. For lengthy assignments, the Company may request periodic partial payments. The Company reserves the right to add interest at the rate of 2% above Natwest Bank plc’s base rate in the case of late payment of invoices.
In the event of cancellation by the Client, payment must be made for all work carried out up to the date of cancellation, and for any incidental costs, unless otherwise agreed in writing by the Company.
Unless otherwise expressly agreed, the Client shall acquire copyright of the translation upon full and final payment of the Company’s invoice. Until full payment has been received, the work remains the property of the Company. In the case of texts which are to be offered for sale or otherwise distributed, issued, broadcast or published, the Client and the Company may, at their joint discretion, draw up a specific agreement covering ownership of copyright and/or the possible payment of royalties.
All work is treated as confidential and the Company undertakes not to disclose to any third party, by any means including electronic transmission, either the original or the translated text. The Company undertakes to keep all Client’s documentation, in whatever form, in a safe and secure place. For their part, the Client agrees not to contact, either directly or indirectly, except with permission in writing of the Company, any translator, interpreter, or other person contracted by the Company to fulfil the contract, for a period of one year after termination of the contract.
The Company is comprehensively covered by Indemnity Insurance.
The Company undertakes to supply a translation which is reasonably fit and suitable for the stated purpose. The liability of the Company on any grounds whatsoever shall be limited to the invoiced value of the work. The Company’s total liability is restricted to the agreed limit of cover offered by the Company’s Professional Indemnity Insurance. The Company shall not be liable for any loss of profit, business, contracts nor for damage to the Client’s reputation, nor for any loss resulting from a claim by a third party, nor for any loss or consequential damage however caused.
Any complaints in connection with the work carried out must be notified to the Company within one month of the date of delivery of the work. In the event of the parties being unable to agree, the entire case shall be submitted to the Independent Arbitration Committee of the ITI whose decision will be final and binding upon both parties.
The present terms and conditions, and all contracts arising from it, shall be subject to English law.
Terms and Conditions of Website
Your access to and use of www.thesterlingchoice.com is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website, you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
www.thesterlingchoice.com will never ask for Credit Card details and request that you do not enter it on any of the forms on www.thesterlingchoice.com.
The contents of www.thesterlingchoice.com website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
www.thesterlingchoice.com reserves the right to:
4.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that www.thesterlingchoice.com shall not be liable to you for any such change or removal and.
4.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
5.1 www.thesterlingchoice.com Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
6.1 All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to www.thesterlingchoice.com or otherwise used by www.thesterlingchoice.com as permitted by law.
6.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
7.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.2 To the extent permitted by law, www.thesterlingchoice.com will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
7.3 www.thesterlingchoice.com makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
7.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of www.thesterlingchoice.com for death or personal injury as a result of the negligence of www.thesterlingchoice.com or that of its employees or agents.
8.1 You agree to indemnify and hold www.thesterlingchoice.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against www.thesterlingchoice.com arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
9.1 If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed, and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
10.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England. Any dispute arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England.
For further information please email [email protected]