1. Integration Clause: This Terms and Conditions sheet supplements the General Client Letter of Agreement and is incorporated by reference. These Terms and Conditions are governed by the General Client Letter of Agreement, Section E: “ENTIRE AGREEMENT” clause.
2. Best Efforts for Completion Date: The date referenced in the General Client Letter of Agreement represents the approximate completion date of www.ethiotrans.com for the project specified by the Client and is based on the project as described in the General Client Letter of Agreement, Section A: “DESCRIPTION OF SERVICES”. www.ethiotrans.com promises to use its best efforts for its proposed completion date. www.ethiotrans.com does not guarantee the aforementioned completion date. In addition, there is an extra charge equal to a minimum of 10% of the total contract price for expedited completion of work. Additional fees are as laid out in the General Client Letter of Agreement, Section B. “FEES FOR SERVICES”.
3. Beginning of Work: www.ethiotrans.com will not begin work until the Agreement has been executed and a sufficient deposit, as outlined in the General Client Letter of Agreement, has been received.
4. Price: The price outlined in the General Client Letter of Agreement is based on the form of the file submitted to www.ethiotrans.com. All materials necessary to complete work must be, and the person signing is attested to the fact that they are, included. Price is subject to change if the Client provides www.ethiotrans.com with additional materials. If either workload or Description of Services changes, www.ethiotrans.com will stop work immediately, no further work will begin, and no outstanding work be completed, until a new General Client Letter of Agreement outlining the new price and the new project scope has been signed by both parties.
5. Client Changes: If the Client makes changes to original documents for translation after www.ethiotrans.com has already begun the project, www.ethiotrans.com will use its best judgment in selecting the terms of the specific language to be used as it relates to a certain field or area – unless the customer has provided a glossary. Any changes to original materials will be treated as an additional edit and will involve an additional cost, as outlined in the General Client Agreement.
6. Artwork: For layout, formatting, or other artwork, www.ethiotrans.com will use the “closest match practical” between the end product and the original, but because of certain inherent differences between languages, www.ethiotrans.com does not guarantee that all of the finished product will be identical to the original submitted to it.
7. Software Limitation:www.ethiotrans.com is not responsible for software limitations. www.ethiotrans.com will use its best efforts to provide the most current software programs that best match the Client’s specific project needs.
8. Delivery: The project delivery method and form of delivery are outlined in the General Client Letter of Agreement. Any changes to the delivery form, method, or both must be mutually agreed upon in writing by both parties. Changes to the delivery method resulting in an increase in project cost to www.ethiotrans.com from additional faxes, postage or courier fees will be paid by the Client before project delivery.
9. Completion: Upon request outlined in the General Client Letter of Agreement, www.ethiotrans.com agrees to return all materials given by the Client to www.ethiotrans.com upon work completion. In any event, www.ethiotrans.com is not responsible for any loss or damage to the customer’s source file and www.ethiotrans.com will not be responsible for the storage of any materials or files for a period over thirty (30) days after work has been completed. If the Client does not request a return, www.ethiotrans.com may, without notice, dispose of said materials upon project completion.
10. Cancellation: If Client informs www.ethiotrans.com of its intention not to perform or observe a term or provision of this Agreement after work has begun, www.ethiotrans.com shall suspend performance, notify Client that it considers the repudiation final and Client shall pay a reasonable value for services www.ethiotrans.com has already performed as outlined in General Client Letter. General Client letter will lay out fees for repudiation – (1) If work has already begun, the minimum fee for services is 50% or a certain percent that is reasonable; (2) Client is responsible for the reasonable value of services performed – the reasonable value of services is determined to be the percentage of the services completed multiplied by the contract price.
11. Confidentiality: www.ethiotrans.com agrees to use all efforts to maintain confidentiality; however, www.ethiotrans.com provides/claims no warranty or guarantee and no liability of any nature to the Client if the confidentiality has been breached.
12. Right to refuse: www.ethiotrans.com reserves the right to refuse the project after receiving the necessary material if it deems the materials inappropriate or for any reason objectionable.
13. Damages: Neither party will be held liable for consequential damages, incidental, punitive, or indirect damages of any kind including without limitation:
A. loss of profits, data, service, content, business interruption resulting from delays, non-deliveries, misdeliveries, or service interruption;
B. Accuracy quality or nature of information obtained through the customer site, www.ethiotrans.com site, or any other related or linked website, nor the consequences arising from or related to any viruses transmitted through the customer site;
C. The maximum aggregate liability for any delays, inaccuracies, or other errors shall not exceed the amount paid under this Agreement and for the specific job performed less than ½ initial deposit;
D. In no event will www.ethiotrans.com be liable to the Client or any third party for copyright infringement claims as a result of the translation of text or other materials under the performance of services described under this Agreement.
14. Indemnification: The Client shall indemnify and hold www.ethiotrans.com harmless from any losses, claims, damages, expenses, or liabilities (including reasonable attorney’s fees) that www.ethiotrans.com may incur based on information, representations, reports, data, or product specifications furnished, prepared or approved by Client for use by www.ethiotrans.com in the work performed under this Agreement.
15. Changes: No changes to this Agreement shall be made unless done in writing and signed by both parties.
16. Governing Law: The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of California. "
17. Forum Selection: Any dispute that arises under or relates to this agreement, whether contract, tort, or, both, shall be brought in Superior Court in San Diego County, San Diego, California, USA.
18. Severability: If any Section of this Agreement is found by competent authority to be invalid, illegal, or unenforceable in any respect and for any reason, the validity, legality, and enforceability of any such section in every other respect and the remainder of this Agreement shall continue in effect so long as the Agreement still expresses the intent of the parties. If the intent of the parties cannot be preserved, this Agreement shall be either renegotiated or terminated.
19. Prevailing Terms: The terms and conditions of this Agreement shall prevail over any additional or contrary terms that may be contained in any instructions or other communications submitted to www.ethiotrans.com by the Client.
ATTACHMENT A – PROOFREADING
1. Languages: For the particular languages Amharic and Tigrigna, www.ethiotrans.com requires either a hard copy or PDF file to ensure proper font form. The client is advised that Amharic fonts may show up differently from machine to machine and from software to software.
2. Written Margin Notes: If the Client does not solicit www.ethiotrans.com to retype the entire document, www.ethiotrans.com agrees to proofread the Client document and provide written notes in margins on original or in a manner otherwise mutually agreed by both parties and outlined in the General Client Letter of Agreement. Delivery of the final product, for projects that require written margin notes, will be either by fax or e-mail (which will contain the scanned hard copy as an attachment) as outlined in the General Client Letter of Agreement.
3. Retyping: If the Client requests the entire document to be retyped:
A. www.ethiotrans.com charges an additional fee for retyping. These fees are as laid out in the General Client Letter of Agreement Section B. FEES FOR SERVICES.
B. The writer's Software shall be provided by the Client if so requested by www.ethiotrans.com. If the software is new to www.ethiotrans.com, the Client is advised that additional time to complete the project will be required.
C. If the Client does not know the type of font used in the original document, www.ethiotrans.com will use its best efforts to match the font from the original to the final project product. www.ethiotrans.com does not guarantee a replica of the font in the original.
D. Typesetting fees are separate and are explained in the General Client Letter of Agreement when applicable.
E. The charge for embedding the fonts in the document are set forth according to the rules and regulation of the particular font vendor. www.ethiotrans.com is responsible for choosing the appropriate font vendor, using its best professional judgment. The client agrees to hold www.ethiotrans.com harmless for any liability arising from font vendor selection. Upon request from www.ethiotrans.com, the Client will provide the rules and regulations regarding embedding costs to www.ethiotrans.com at a time mutually agreed upon by both parties in the General Client Letter of Agreement.
4. Integration Clause: This Attachment A – Proofreading sheet supplements the General Client Letter of Agreement and is incorporated by reference. This Attachment A – Proofreading is governed by the General Client Letter of Agreement, Section E: “ENTIRE AGREEMENT” clause.
New Added October 31, 2004
1. Out of Country ( OUT of USA) companies
First-time client
If the company or client is out of the country or outside the USA and it is a first-time customer the following rules will apply.
A. The client will require to pay a down payment (upfront) from 25-50% of the total price depending on the type and amount (volume) of the project. And the client will pay 25% in the middle of the project and the remaining will be at the end of the project.
B. If the client sends a check or money order the project will not be started until the check clears, and the collection fees on the check will be added to the client’s final bill.
C. If the client pays via Paypal we will add the extra charge that occurred by Paypal
D. If the client chooses to wire the money to our bank we will not pay for wiring the money.
Return customer with good credit.
If the client is a return customer and has a good payment history we will ask the client to pay.
A. Only 20% of the total amount upfront and 30% in the middle of the project and the rest of the payment after the project
B. If the client sends a check or money order the project will not be started until the check clears and the collection fees on the check will be paid by the client.
C. If the client pays via Paypal we will add extra money which is equivalent to the Paypal charge to transfer the money to our account.
D. If the client chooses to wire the money we will not pay a fee to wire the money to our bank.
Return customer with bad credit.
If the client is a return customer and has a bad payment history we will ask the client
A. To pay 100% of the due upfront before we start the project.
B. If the client sends a check or money order the project will not be started until the check clears and the collection fees on the check will be paid by the client.
C. If the client pays via Paypal we will add tra money which is equivalent to the Paypal charge to transfer the money to our account.
D. If the client chooses to wire the money we will not pay the fee to wire the money to our bank.
If the client chooses to wire the money we will not pay for the wiring the money.
USA companies.
First time
If the company is a US company and it's the first time to be our customer we will do the following.
Create an account with the client
Create a Project number for the client
Ask the client to send us a work order
We will generate a contract and email and ask you to send us a signed contract back to us
Once we secure the payment method and signed an agreement paper we will start the project.
When the project is completed send the project and invoice.
If the client pays via Paypal we will charge the extra money where Paypal charges to the client’s final bill
If the client chooses to wire the money we will not pay for the wiring the money.
But if the client is small and unknown or individual request, depending on the size of the project we will do the same as the big client or ask them to pay the upfront payment.
USA Return customer with good credit.
If the client is a return customer with a good credit history we will do the following
Create an account with the client
Create a Project number for the client
Ask the client to send us a work order
We will generate a contract and email and ask you to send us a signed contract to us
Once we secure the payment method and signed an agreement paper start the project.
When the project is completed send the project and invoice.
USA Return customer with BAD credit.
If the client is a return customer and has a bad payment history we will ask the client
A. To pay 100% of the due upfront before we start the project.
B. If the client sends a check or money order the project will not be started until the check clears, and the collection fees on the check will be paid by the clients.
C. If the client pays via Paypal we will charge the client extra money whereas Paypal charges us to transfer the money
D. If the client chooses to wire the money we will not pay the fee to wire the money.
Cancellation:
If the customer cancels the project in the middle of it, there will be a cancellation fee. The fee depends on how much work is done. If the project is completed more than 50% of the customer is required to pay the full payment. Also, the rate will be based on the number of words or projects completed at the time of cancellation. For example. If the customer gives us a 20,000-word count document at 0.05 price and the customer cancels the project after we translated 10,000 words and the rate for 10,000 words is 0.10. The customer is required to pay 0.10 USD per word.
Additional Charge:
If the project is a translation job we will provide the translation in Microsoft Word document. However if the customer wants the document in another format we will charge extra for formatting, editing, and converting. Please be advised our rate does not reflect editing, formatting, or converting the document to another format.
Due Date
For any project, the minimum amount of time for the due date is One Week.
Since there is a high scarcity of professionals and tools in African languages we are not grantee to complete any project on the due date specified on any contract. But we will try our best to meet the deadline.
