Our Terms and Conditions for Translations
These are our Standard Terms and Conditions which apply to our service provision and purchases including, but not limited to, online and offline services.
By accessing our services and/or placing an order with us, the Client agrees to be bound by these terms and conditions.
McGowan Transcriptions is GDPR and Cyber Essentials compliant. Our translation partner is regulated by the following trade associations/professional bodies: ISO9001 Quality Management Standard and will shortly achieve ISO27001 accreditation.
Our trading address and contact details are: Centrum House, Station Road, Egham, Surrey, TW20 9LF.
General email: email@example.com
Telephone number: +44 (0)800 158 3747
“McGowan Transcriptions Ltd” and “McGowan Transcriptions” means McGowan Transcriptions Ltd.
“Client” means the individual or business entity that executes this Contract.
“Subcontractor” means the individual or business entity that may execute the services provided by McGowan Transcriptions Ltd.
“Contract” means the order for the supply of services being rendered, accepted by McGowan Transcriptions Ltd.
McGowan Transcriptions is responsible for any act, error or omission of its subcontractors.
1.1 No conditions other than those set out herein and in any non-disclosure agreement, nor any variation thereof, will be binding by McGowan Transcriptions unless otherwise specifically signed and agreed in writing by the CEO of McGowan Transcriptions and the Client.
2. ORDERING FROM US
2.1 These conditions shall be incorporated in every offer, acceptance and Contract of work by McGowan Transcriptions and, subject to the foregoing, any conditions proposed by the Client are hereby excluded.
2.2 Upon receipt of the Client’s order, McGowan Transcriptions will give confirmation of acceptance, and no Contract will be concluded until such time.
2.3 Each order, when accepted, constitutes a separate Contract but shall be subject to these conditions.
2.4 Where delivery is made in instalments, each delivery shall be deemed as a separate Contract and any failure whatsoever by McGowan Transcriptions in respect of any one delivery shall not entitle the Client to repudiate the Contract or any instalments remaining to be delivered.
2.5 Acceptance of an order by McGowan Transcriptions takes place when McGowan Transcriptions dispatch the order or sends Client confirmation of acceptance by email.
2.6 McGowan Transcriptions may refuse at its discretion to accept an order. If McGowan Transcriptions rejects the order having already processed your payment, McGowan Transcriptions will re-credit your account with the amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. McGowan Transcriptions will not be obliged to pay any additional amount as compensation for disappointment.
3.1 Estimates or quotations are given on the basis of the Client’s description, information and/or any source material provided. McGowan Transcriptions Ltd reserves the right to adjust pricing and/or delivery estimates upon receipt and evaluation of any final information and/or source materials for service. Invoices will be in accordance with estimates or quotations and/or any subsequent cost revisions submitted by McGowan Transcriptions and agreed by the client. Unless otherwise stated, prices are in pounds sterling and exclude VAT and any other tax or duty.
3.2 Estimates or quotations are valid for 30 days from the date of issue and may be subject to change thereafter, at the discretion of McGowan Transcriptions, unless pricing forms part of a formal Contract agreed beforehand by McGowan Transcriptions.
3.3 Payment must be made before commencing the project unless credit facilities have been awarded to registered companies at McGowan Transcriptions’ discretion, in which case payment is due 30 days from the date of invoice. Payment to McGowan Transcriptions Ltd shall be effected in full no later than 30 days from the date of invoice.
3.4 Late payments will have interest applied at a rate of 9% per annum over the Bank of England’s base rate, (or such rate as is determined by statute, the latter prevailing), and compensation for debt recovery costs to all overdue sums from the date on which they become due until they are paid in full.
3.5 McGowan Transcriptions shall issue the invoice upon supply of the services under the Contract.
4.1 If the Client cancels or withdraws any portion of the service(s) requested, then, in consideration of McGowan Transcriptions’ and its Subcontractors’ scheduling and/or performing the said service(s), the Client shall pay McGowan Transcriptions the full price for the Contract.
5.1 While McGowan Transcriptions endeavours to ensure that the information on our website and other printed materials is correct, McGowan Transcriptions does not warrant its accuracy and completeness.
5.2 The material on our website and other printed materials is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, McGowan Transcriptions provides the Client with these materials, on the basis that McGowan Transcriptions excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to our website and other printed materials.
6.1 Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to any of our services or for any one event or series of related events is limited to the value of the total paid for each specific event or service.
6.2 Whilst every attempt is made to ensure that services are provided as accurately as possible, no guarantee is given in that regard, and McGowan Transcriptions shall not be held liable for any consequential loss or damage caused by any inaccuracy or difference of interpretation.
6.3 If 48 hours elapse following the delivery of the project without communication from the Client of any concerns with McGowan Transcriptions’ performance, then the Client irrevocably waives all rights to dispute payment of any and all invoices pertaining to such project.
6.4 Dates and times for expected delivery of the services from McGowan Transcriptions, whether in writing or verbal, are bona fide estimates which McGowan Transcriptions will endeavour to meet. However, McGowan Transcriptions cannot warrant this, and no liability shall be attached to McGowan Transcriptions in the event of delivery being delayed.
7.1 Delays shall under no circumstances amount to or be deemed to be a breach of Contract, nor shall the Client be entitled to treat the Contract as repudiated due to the delay, or claim any financial compensation.
7.2 Translated materials will be provided in a standard PC Microsoft Word document (2007 version or better). Documents required in other software packages or formats may be subject to separate charges unless otherwise agreed in writing by McGowan Transcriptions prior to commencing the project.
8. ANNOTATIONS TO DRAWINGS
8.1 McGowan Transcriptions will, as standard, provide translations of any annotations to drawings within a table. At the written request of the Client, McGowan Transcriptions will endeavour to insert translated text or modify annotations to drawings provided by the Client in order to make a readable translated version of the drawings. This service is provided above our standard services and may incur an extra cost.
8.2 McGowan Transcriptions provide this service by way of assisting the Client and cannot accept responsibility for any inadvertent errors that may arise. If the Client or third parties wish to use the translated drawings to make decisions on technical or legal matters, reference should always be made to the originals. Furthermore, McGowan Transcriptions work on the basis that the Client takes all responsibility for any questions of copyright, which may arise if McGowan Transcriptions modify the drawings of a third party.
9.1 The Client hereby grants McGowan Transcriptions a limited right to use the items provided to McGowan Transcriptions by the Client for the sole purpose of McGowan Transcriptions performing the services under the Contract.
9.2 The item(s) to be provided by McGowan Transcriptions pursuant to the Contract shall be the property of the Client upon the Client’s completion of all payments provided herein. To the extent necessary McGowan Transcriptions shall use reasonable endeavours to procure the transfer of title or a grant of an exclusive irrevocable perpetual license to use the items to be provided to the Client under the Contract. Following delivery of the items to the Client or termination of the Contract, McGowan Transcriptions shall return to the Client (or if instructed by the Client, destroy) all items and materials provided to McGowan Transcriptions in connection with the Contract.
10.1 If the Client has any concerns about material on our site, please contact us by email at firstname.lastname@example.org.
11. GOVERNING LAW AND JURISDICTION
11.1 These terms and conditions are governed by and construed in accordance with the Law of England and Wales. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of England and Wales and all parties agree and acknowledge that the work for which these terms and conditions are signed is most closely connected with England.
12.1 The Client may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
12.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions, which shall continue to have full force and effect.
12.3 No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.
12.4 McGowan Transcriptions may use your company’s name on promotional materials as an example of clients we’ve worked for, unless we are requested not to do so.
We are committed to respecting your privacy and protecting your personal information. We will use the information you give us for the purposes of providing you with the services you have requested and promoting our services. If you tell us you don’t want to receive marketing information, we will stop sending it. We will put in place measures to protect your information and keep it secure. We will respect your data protection rights and aim to give you control over your own information.
In case you want more information on the types of personal information we collect, how we collect it, what we may use it for and who we may share it with, please email email@example.com.
We are registered with the Information Commissioner’s Office under registration reference ZA101429.
14. DATA PROTECTION
Recordings will be kept on our Secure Server, Global Lounge, for 95 days before being permanently deleted.