1.1 Terms and conditions refers to
the general terms and conditions as set forth on this page of the
site
1.2 The terms "Us", "Ourselves",
"We", "Our" shall refer to Yaxel Ltd
1.3 The terms "Client" "Your" and
"You" shall refer to any parties who contact us with regards to our
service
1.4 The term "Both Parties" shall
refer to Yaxel Ltd and any party who contacts us with regards to our
service
1.5 The term "Site" and "Website"
shall refer to the documents contained within the domain
www.yaxel.net
1.6 The term "Service" and "Services"
shall refer to any Contractual work we carry out for you
1.7 The terms "Document", "Documents"
and "Output" shall refer to written material in any format provided
either by the client for translation purposes, or provided by us as
part of our service
1.8 The term "Including" shall be
held to mean "including without limitation"
1.9 The term "Confidential
Information" shall refer to all information exchanged between Yaxel
Ltd and any party who contacts us with regards to our service
1.10 The term "Order" refers to the
request for provision of our services
1.11 The term "Electronic Document
Format" shall refer to all documents that are provided in a digital
format that can be analysed without OCR (Optical Character
Recognition) to produce a word count
NOTE - It is possible for such
documents to contain scanned documents, which are essentially just
pictures of pages of text. Such documents will not be deemed to be
in Electronic Document Format, as word counts cannot easily be
performed on such documents
1.12 The term "Full Refund" shall
refer to the deal as described on this site where the Client will
receive a full refund if they are unhappy with the Output.
1.13 The term "IPR" (Intellectual
Property Rights) shall refer to any documentation or material that
may be used to obtain rights of any description, including
copyright, patent, trademark, Confidential Information
1.14 The terms defined in this
section are not exhaustive and any terms left undefined are deemed
to hold the standard meaning as defined within the United Kingdom.
Variations of the terms above however, including plurals and
synonyms, will at our discretion, be deemed to hold the same meaning
as those terms, as defined above in this document
2. The Contract
2.1 The following do not constitute a
contractual agreement
Quotation
Verbal communication
Written communication that does
not expressly mention that the order has been accepted
2.2 Any quotation we provide will be
valid for 30 days after it is issued
2.3 The Contract will only come into
force when we issue an acceptance of the Order in writing.
3. Delivery
3.1 The delivery time of the final
documentation, as agreed in the Contract is only a target completion
date. Although we will do our utmost to complete the work by the
agreed date, we can not be held liable for circumstances beyond our
control (including exceptional or unexpected incidents) that may
hinder our ability to provide our service.
3.2 Failure to meet the agreed
delivery date in the Contract does not in any way absolve you from
honouring any part of your Contract with us, including full and
timely payment.
4. Confidentiality
4.1 Although, every effort is taken
to protect confidential material, we can not be held liable for any
unintended release of material into the public domain.
4.2 Although we will attempt to
adhere to any additional requests for security (encryption, secure
server uploads, non-electronic transfer), no method of delivery is
100% secure. Therefore the liability regarding delivery of materials
between both parties and responsibility for choosing the required
level of security will rest with the client.
5. IPR
5.1 Any services which we provide
must not be used to aid the infringement of any IPR, now or in the
future. Responsibility for ensuring this does not happen will rest
with the client, as we can not reasonably be expected to perform
such checks.
6. Word counts and pricing
6.1 Where a document has been
provided and a word count is performed by us, this will be used to
generate any quotations. Word counts are notoriously difficult to
calculate in many instances, and quotations based on your own word
counts should only be used as a guide. We perform our own word
counts using industry standard practices, and these will be used to
generate our quotations.
6.2 If you do not agree to the quoted
word count, such discrepancies must be resolved before Contract
acceptance.
6.3 We may or may not accept requests
to exclude certain parts of the document from the word count
(headers, footers etc), especially if we deem it difficult to
calculate the word count with said sections removed
6.4 We may or may not accept
documents that are not in Electronic Document Format as defined
above in Section 1. This is because a disproportionate amount of
time may be required to count words in formats that do not allow
direct counting of the words contained within them.
However in such circumstances we
may choose to give you a quote based on some other criteria of
our choosing (e.g. number of pages, number of columns etc)
6.5 The word count we provide you as
part of the Contract will be deemed to be correct for the purposes
of producing said Contract, and any inconsistencies that are found
after the Order has been agreed, will not affect the final price.
However, changes to the final price are permitted if there are any
large inconsistencies due to quirks or bugs in the tools we use, or
the word count is significantly altered by text that was not
automatically counted, but translation is nevertheless required
(examples include, but are not limited to hidden text, text in
graphics, text in comment fields etc).
6.6 Our standard rates are only a
guide and may be amended both upwards and downwards depending on
Document content, client etc and may be amended at any time without
written notice
7. Compensation
7.1 We will at our sole discretion,
provide compensation of no more than 25% of the value of the
service, as a goodwill gesture in cases where we believe this may be
appropriate
7.2 Payment of compensation will not
constitute any acceptance by ourselves of any wrongdoing, liability
or malpractice
8. Full Refund terms
8.1 The refund will be paid out as
long as the following criteria are met
You are able to provide us with a
copy of the receipt for translation of the same document
elsewhere. We reserve the right to contact any parties we see
fit, in order to verify that the translation was indeed
performed again
We are provided with the full
re-translated document
8.2 If we suspect abuse of this deal,
we at our sole discretion reserve the right to withhold the refund
9. Liability
9.1 We will only be held liable for
any loss or damages that may result from our service to you, up to
the value of the price paid for said service
9.2 Translated material is provided
"as is" and we do not guarantee it to be fit for purpose
9.3 Any disputes regarding liability
must be received within 30 days of delivery of the output and must
be made in writing to
Yaxel Ltd, 18 Audley Road, London.
W5 3ET uk
In the event of a dispute regarding
the Contract terms, this must be received in writing at the
following address
Yaxel Ltd, 18 Audley Road, London.
W5 3ET UK
10. Cancellation
10.1 Cancellation for services
falling within distance selling regulations, should not start until
14 days after the Contract is issued
10.2 However where the client
confirms that the work should start immediately, in writing via
letter or email, work will commence immediately
10.3 In the event that work has
started, the Client still retains the right to cancellation, but
only if this request is received within the 14 day cancellation
period in writing. However, any work completed until formal
cancellation is received, must be paid for in full, including any
work that has no tangible output at the time of cancellation (i.e.
research, preparation, formatting etc that is required, tends to be
front-loaded and has not yet turned into final tangible output).
Depending on the type and content of the work received, this will be
priced accordingly, but likely on a per-hour basis
Any details contained within the site or in these terms and
conditions are subject to change at any time without prior written
notice.