I am a Chartered Linguist in German to English and offer specialist translations in science, technology, and law. Below you will find my Terms of Business and Data Privacy Policy.
Terms of Business
These Terms of Business are issued by Maureen Cohen DipTrans MCIL CL and are the basis on which she 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 http://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 Scotland and the Client agrees to submit to the exclusive jurisdiction of the Scottish courts.
3. Definitions
In these Terms of Business:
- the Client is the person or corporate body that places a Commission;
- 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;
- the Contract is
the contract entered into between the Client and the Translator in respect of
the Commission and any requirements of the Commission;
- the Translator is the practitioner who accepts the Commission;
- the source language is the language in which the text to be translated or abstract is written;
- 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;
- 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 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.
8. Payment
8.1 All work must be paid for and payment shall be made within 30 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 compensation at the rate agreed in the Contract for the words already translated by the Translator or the hours already worked by the Translator at the time when notice of the cancellation was received by the Translator.
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
13.1 Any complaint by the Client about the Translator’s work shall be submitted to the Translator within 30 days.
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:
- loss of profit;
- loss of goodwill;
- loss of business;
- loss of business opportunity;
- loss of anticipated saving;
- loss of corruption of data or information; or
- special, indirect or consequential damage, suffered by the other party that arises under or in connection with the Contract.
13.2 Without prejudice to clause 13.1, the Translator’s total liability arising under or in connection with the Contract, whether in contract, tort (including negligence) or restitution, or for breach of statutory misrepresentation, or otherwise, shall in all circumstances be limited to the amount of the fees payable by the Client to the Translator pursuant to the Contract.
Data Privacy Policy
Data Privacy Policy of Maureen Cohen DipTrans MCIL CL
This privacy policy is served by Maureen Cohen (DipTrans MCIL CL), a sole trader providing German to English translation, editing, and related language services.
As I am based in the United Kingdom, I am subject to the General Data Protection Regulation, in effect as of 25 May 2018. The purpose of this policy is to explain how I use, process, and protect your personal data in compliance with the GDPR when you enter into a contract with me.
As I am based in the United Kingdom, I am subject to the General Data Protection Regulation, in effect as of 25 May 2018. The purpose of this policy is to explain how I use, process, and protect your personal data in compliance with the GDPR when you enter into a contract with me.
Definitions:
“I” means the sole trader, Maureen Cohen (DipTrans MCIL CL).
“You” means clients and potential clients.
“GDPR” means the General Data Protection Regulation.
“ICO” means the Information Commissioner’s Office.
Lawful basis
I process and/or control your personal data on the lawful basis of contract under the GDPR.
I process your personal data in order to:
- issue you quotes,
- perform translation, editing, or other services you have requested,
- and comply with legal requirements such as retention of business records for tax purposes.
Personal data may include your name, address, email address, telephone number, and information in documents or files you have transmitted to me for translation.
I retain source documents and translations for 30 days after payment of the invoice. I retain invoice and accounting records for five (5) years for tax purposes. Your email address is automatically stored in my contacts indefinitely. I do not use your email for marketing or disclose it to unauthorised third parties. You may request deletion of your personal data before the expiry of these periods. I will comply without undue delay except where legal requirements prevent me from doing so.
I do not outsource to other language service providers or share your information with third parties. Cloud backup and email hosting services may have access to your personal data. These parties are also compliant with the EU GDPR or are self-certified under the US Privacy Shield framework.
Data security
All electronic devices and WiFi networks used to process and transmit your personal data are secured and password-protected. I use secure data storage technologies to back up documents and files while performing the contractual services. Your personal data and documents are deleted after completion of the contract.
Your rights
You may request a copy of your personal data or ask me to rectify or erase your personal data at any time. You have the right to lodge a complaint with the Information Commissioner’s Office or the supervisory authority of the country where you live.
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