Terms And Conditions

BananaLingua, Inc., henceforth known as The Company, shall perform the service(s) set forth and described in the Estimate for the Client.

 

No conditions other than the Conditions contained in this document nor any variation to these Conditions shall be binding to The Company unless otherwise agreed to in writing by a member of the The Company leadership team.

 

These General Terms and Conditions are applicable to every Estimate issued by The Company and are subject to change without notice. Condition modifications proposed by the Client are hereby excluded, unless agreed to in writing.

 

DEFINITIONS

The Company
means BananaLingua, Inc. a business incorporated in the state of Delaware, United States. Henceforth referred to as The Company

 

Client
means any person, firm or company to whom The Company shall supply service(s) or product(s).

Sub-Contractor
means any person, firm or company that shall render service(s) to The Company

Requests
means a language project or the requisition of service depending on implied context.

Work
means any translation, copywriting, interpreting, desktop publishing, artwork, printing or any other services supplied by The Company to the Client.

 

Conditions
means the standard terms and conditions of service set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between The Company and the Client.

 

General

 

1. For non-corporate entities, a payment of 100% made via credit card will be required for first time requests prior to starting the project. All subsequent requests from the same non-corporate entity will require a deposit of 50% made by credit card.
2. For corporate entities (i.e companies, organizations, etc.) a deposit of 20% made via credit card will be required for first time requests where the request has a value greater than $500.00 (USD). First time requests with a lesser value are requested to be paid in full via credit card prior to commencing production. This condition is moot if The Company and the Client have a signed service agreement in place.
3. Deposits are non-refundable, unless work on the project has not yet been started.
4. Should the Client have what is considered a poor payment history with The Company, The Company reserves the right to request credit card payment in full prior to placing a project into production.|
5. Payment terms will be Net 15 unless otherwise agreed or required due to aforementioned conditions (1, 2, and 3). Late payments are subject to a 3% penalty for every 30-day period accrued.
6. Credit Card payments are subject to a 3% service charge upon invoicing unless otherwise specified.
7. The Company reserves the right to alter the estimated amount(s) should requests requirements be modified at any point throughout the course of production or prior to placing the request into production. The Client will be notified by The Company, should this occur.

 

Acceptance

Any written Estimate for Work will remain in effect for 10 business days after issuance and thereafter will lapse unless otherwise stated in writing. The Company will not be bound by any verbal Estimate (i.e. ballpark figure) or any acceptance of it.

 

Each Request Estimate issued by The Company when accepted by the Client, constitutes a separate contract. Any time-based agreement between The Company and the Client and the conditions set forth there within supersedes the conditions of Estimate.

Where The Company starts work following the Clients request to do so or Estimate acceptance, the Client shall be responsible to respect the conditions outlined in the section “Cancellation and Suspension”.

 

Cancellation and Suspension (Translation)

If, for any reason, the Client cancels any Translation Request that has been placed in production, following the Clients request to do so or an Estimate approval, The Client shall be liable to pay The Company’s charges for all Work completed up to the cancellation date and time and for all other costs and expenses, which The Company  may incur as a result of such cancellation.

 

If the Client suspends or postpones any Translation Request for a period exceeding 10 business days, following the Clients request to proceed or Estimate approval, the Client shall be liable for The Company’s charges for all completed Work up to the date of suspension or postponement and for all other costs and expenses which may accrue as a result of such suspension or postponement.

 

Cancellation and Suspension (Interpretation)

If, for any reason, the Client cancels any Interpretation Request that has been scheduled, following the Clients request to do so or an Estimate approval, The Client shall be liable to pay The Company 25% of the estimated amount if outside a 1 week (5 business days) window.

 

Subsequently, the Client shall be liable to pay 50% of the estimated amount, in addition to any penalties The Company may be liable for as a result of the Client’s cancellation, if the cancellation occurs within the 1 week (5 business days) of the scheduled event.

 

The Client shall be liable to pay 100% of the estimated amount, in addition to any penalties The Company may be liable for as a result of the Client’s cancellation, if the cancellation occurs within the 48 hours of the scheduled event.

 

If the Client suspends or postpones any Interpretation Request for a period exceeding 10 business days, following the Clients original request to proceed or Estimate approval, the Client shall be liable for The Company’s charges for all completed Work up to the date of suspension or postponement and for all other costs and expenses which may accrue as a result of such suspension or postponement.

 

Liability

The Company, commits to carry out all Work with reasonable care and skill. The Client shall notify The Company, of any defect in Work performed by The Company, in writing within 10 business days following the receipt of the Work by the Client.

 

In the event that The Company, receives a valid complaint from a Client within and respecting the aforementioned timeframe, The Company’s sole obligation shall be to correct the Work relating to the complaint without charge to the Client as soon as reasonably convenient, but processed with priority.

 

Note, a preferential modification request does not constitute a valid complaint, however The Company, will of course carry out requested modifications at the agreed rates with the Client. A preferential change is defined as a requested modification to a delivered translation despite the translation meeting the following three conditions:

 

1. The original translation respects the intent and tone authored by the source text
2. There is no error in context, or meaning in the translation in relation to the source text
3. There is no grammatical or terminology error in the translation in relation to the source text

 

Prices and Currency

Prices provided are estimated in CAD (C$) or USD (U$) and are inclusive of applicable taxes and delivery charges (other than standard postage or courier charges), unless otherwise specified. Should your billing address be different from the estimated address, the relevant applicable taxes for the billing address will be charged at the time of invoicing.

 

Sub-Contractors

The Client acknowledges and agrees that The Company, may use sub-contractors for some or all of the Work but notwithstanding such use, The Company, shall remain completely responsible for all actions of sub-contractors relative to the Work. All references to The Company, in these Conditions are automatically extended to include such sub-contractors as appropriate.

 

Onsite Interpreters

The Client is responsible for the Interpreter’s per diem, which is the reasonable equivalent to that set forth in the Client’s Human Resource policies. Should no policy exist and no per diem be offered, The Company, may issue a subsequent invoice related to the Interpreter’s daily expenses.

 

Onsite Interpreters (Reasonable Accommodations)

Accommodations must be made for the Interpreters, ensuring a comfortable working environment, free of aggression, violence, or harassment in any form. Interpreters must also be provided reasonable time for breaks and mealtime in addition to water and/or refreshments.

 

Completion of Work

Timelines, dates or periods given for completion of Work are only best estimates and The Company, is not liable for the consequences of any delay. The Client must specify a desired completion date when requesting the Work. The Company, shall make every reasonable effort to meet the Client’s requirements; late delivery shall not entitle the Client to withhold payment for Work done.

 

Should the Client fail to specify a completion date, it will so grant The Company, permission to define a delivery on behalf of the Client at The Company, earliest convenience.

 

Should completion of the Work be required faster than the normal time required for the given translation volume in accordance with The Company, production capacity; a Rush Request status will be applied. Every effort will be made to secure Rush Request translation from defects, but reasonable allowance must be made by the Client in such cases.

 

Should a Rush Request necessitate overtime being worked or additional costs being incurred to satisfy the said Rush Request, an additional surcharge will be applied to the Client to cover the increased cost.

 

The Company, accepts no liability for the consequences of any delay in completion of Work, unless otherwise agreed.

 

Completed Work will be delivered to the Client via e-mail, downloadable link or other agreed method.

 

Questions regarding these Terms and Conditions may be sent to questions@bananalingua.com