The charges outlined above are based upon the information provided by the Client and are subject to change. Should any portion of this estimate require revision during the course of the project, LingPerfect will forward an updated estimate to the Client immediately. Should the Client change the parameters of the project while it is in progress (turnaround time accelerated, source files not provided on time, project’s scope/size expanded, etc.), LingPerfect reserves the right to apply additional charges and/or extend the deadline in accordance with the change requested. Furthermore, should the Client request additional services to be performed such as subjective revisions to language and/or layout, revisions to English source files which might affect the foreign language versions, etc., then such services will be billed in addition to the above.
Since translation is a subjective process through which different individuals may express the same meaning using different word choices, LingPerfect will not be liable for such variations. Additionally, there may be “personal preferences” in word selection which may be stylistic or based on a person’s familiarity with company- or industry specific terminology. LingPerfect will attempt to utilize reference materials and glossaries to the extent commercially reasonable, but there remains the likelihood that the Client may prefer word insertions or replacements. As such, there may be additional costs associated with the incorporation of differing terms or language into the final translated document.
If ten (10) business days lapse following the completion of the project without communication from the Client of any possible concerns with LingPerfect performance, then the Client irrevocably waives all rights to dispute payment of any and all invoices pertaining to such project.
When undertaking rush projects, LingPerfect will use reasonable efforts to ensure the quality of the project. However, due to the nature of rush projects, the Client acknowledges and agrees that it is sometimes impossible to maintain the same level of quality that would be achieved on a non-rush basis.
LingPerfect shall not be liable under any theory at law, in equity or otherwise for any special, exemplary, punitive, incidental, indirect or consequential damages (even if LingPerfect has been advised of same), including without limitation lost profits or revenues. The entire liability of LingPerfect for any claim, loss or damages under any theory at law, in equity or otherwise, including without limitation contract, tort, negligence and strict liability, arising out of this agreement or the engagement of LingPerfect in connection with the project in question, the performance or breach hereof, or the subject matter hereof shall not in any event exceed the sum of the payments actually made by the Client to LingPerfect pursuant to this agreement. Any action against LingPerfect must be brought within one (1) year after the claim arose.
By signing this agreement, the Client (a) agrees to be bound by all the provisions hereof (including all the terms and conditions set forth above), and (b) acknowledges that it is solely responsible to make full payment of all charges and expenses relating to the project within 30 days after its completion. Collection of related payments from any third party is a private matter of the Client and shall not affect the Client’s responsibility for payment to LingPerfect. Amounts not paid when due shall bear interest at the lesser of (i) one and one-half percent (1.5%) per month and (ii) the maximum rate of interest permitted by applicable law. If LingPerfect must resort to collection by an agency or through legal action, the Client agrees to pay collection fees and reasonable attorney fees in an amount not less than 30% of the unpaid principal and interest owed to LingPerfect hereunder. If the above fees exceed the amounts allowed under the applicable law(s), then the maximum amount allowed shall be paid to LingPerfect by the Client.
Should any part of this agreement be rendered void, invalid or unenforceable by any court of law for any reason, such invalidity or unenforceability shall not void or render invalid or unenforceable any other part of this agreement.
This agreement and all rights and obligations of the parties relating hereto shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any conflicts of law rules that would cause the application of the laws of any other jurisdiction and any suit brought hereon must be brought in the state or federal courts sitting in the County of New York, State of New York, the parties hereby waiving any claims or defenses that such forum is not convenient. In Witness, whereof, LingPerfect and the Client have caused this agreement to be executed by their duly authorized officers or agents as of the day and year written below.