Terms & Conditions
Accucert Ltd | Registered in England and Wales
1. Interpretation
1.1. The definitions and rules of interpretation in this Condition 1 apply in these terms and conditions (Conditions).
Accucert Ltd: Accucert Ltd (trading name “AccuCert”), registered in England and Wales (Company number 12851358), the Registered Office of which is at Suite 120d Cotton Exchange, Old Hall Street, Liverpool, England, L3 9LQ.
Business Day: any day outside weekends and UK bank holidays between 9am and 5pm (GMT).
Charges: the charges payable by the Client to AccuCert for the provision of the Services.
Contract: the contract formed by Client’s Order and AccuCert’s acceptance of it, or the Client’s acceptance of a valid quotation for Services by AccuCert under Condition 2.3.
Client: the person, firm or company that purchases Services from AccuCert.
Client’s Equipment: any equipment, systems, cabling, or facilities provided by the Client and used in the supply of the Services.
Client Materials: all documents, information and materials and works provided by the Client for the purposes of carrying out the Services including (without limitation) computer programs, data, reports and specifications or the materials specified in the Contract.
Deliverables: all documents, products and materials developed by AccuCert (or its agents, subcontractors, consultants and employees) in relation to the Services in any form or the deliverables specified in the Contract.
Document: any document in writing, any drawing, map, plan, diagram, design, picture or other image, tape, disk or other device or record embodying information in any form whether digital or physical.
Force Majeure: any act, omission, event or circumstance, beyond the reasonable control of the party affected, including but not limited to, any act of God, fire, disaster, war, civil commotion, insurrection, embargo, prevention from or hindrance in obtaining raw materials, energy or other supplies, explosion, industrial dispute affecting a third party for which a substitute third party is not reasonably available, breakdown of plant or machinery, computer system failure, flood, severe weather conditions, riots, accident, or any act of any governmental, regulatory or other official body.
Intellectual Property Rights: all utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Pre-existing Materials: all documents, information and materials provided by AccuCert relating to the Services which existed prior to the commencement of the Contract, including, but not limited to, computer programs, data, reports, and specifications.
Order: a written order for the Services provided by the Client.
Privacy Policy: the privacy policy which AccuCert has from time to time.
Services: the translation, transcription, localisation, certification, proofreading services to be provided by AccuCert under the Contract, together with any other services which AccuCert provides, or agrees to provide, to the Client.
Sales Tax: sales taxes, Value Added Tax (VAT), export or import charges, transportation or insurance charges, customs and duty fees, personal property taxes or similar charges.
Sub-contractor: a Translator and/or a person and/or an agency providing elements of the Services to AccuCert.
Website: AccuCert’s website (https://AccuCert.co.uk) on which the Services are advertised.
AccuCert’s Equipment: any equipment, including tools, systems, cabling, or facilities, provided by AccuCert or its Sub-contractors and used directly or indirectly in the supply of the Services.
1.2 Headings in these conditions shall not affect their interpretation.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.5 A reference to writing or written includes faxes, e-mail, and via the Website.
1.6 Any obligation in the Contract on a person not to do something includes, without limitation, an obligation not to agree, allow, permit, or acquiesce in that thing being done.
2. Application
2.1. These Conditions shall: (a) apply to and be incorporated into the Contract; and (b) prevail over any inconsistent terms or conditions contained, or referred to, in the Client’s purchase order, confirmation of order, acceptance of a quotation, or specification or other Document supplied by the Client, or implied by law, trade custom, practice or course of dealing.
2.2. By ordering any of the Services, the Client agrees to be bound by the Conditions. The Client can only purchase the Services from the Website if eligible to enter a contract and is at least 18 years old.
2.3 The Client’s Order, or the Client’s acceptance of a quotation for Services by AccuCert, constitutes an offer by the Client to purchase the Services on these Conditions. No offer placed by the Client shall be accepted by AccuCert other than: 1. by a written unqualified acceptance issued and executed by AccuCert; or 2. (if earlier) by AccuCert starting to provide the Services when a contract for the supply and purchase of the Services on these Conditions will be established.
2.4 Quotations are valid for a period of 7 days from its date unless stated otherwise.
2.5 Quotations are based on the Client’s description and may be amended if the description is inaccurate.
2.10 These terms and conditions may be subject to change from time to time. Please ensure that you check the Website regularly.
3. Commencement and duration
3.1 The Services supplied under the Contract shall be provided by AccuCert to the Client from the date of acceptance of the Contract.
3.2 The Services supplied under the Contract shall continue to be supplied for the period stated in the Order.
4. AccuCert’s obligations
4.1 AccuCert shall use reasonable endeavours to provide the Services, and to deliver the Deliverables to the Client.
4.2 Performance dates specified in the Order are estimates only and time shall not be of the essence.
4.3 AccuCert has no liability for loss, corruption, or interception of Original Works or Deliverables.
4.7 AccuCert strives to the best of its ability to ensure that our translations are true and accurate.
4.8 For certified, sworn or accredited translations, AccuCert shall have absolute discretion to reject any change requested by the Client which the translator feels isn’t a “true and accurate” reflection of the original text. No refund will be issued in these circumstances.
5. Client’s obligations
5.1 The Client shall: co-operate with AccuCert; have authority to enter the Contract; provide Original Works in a timely manner; and obtain all necessary licenses.
5.4 The Client shall not solicit or employ any person engaged as an employee or subcontractor of AccuCert for three months after the last date of supply of Services.
6. Fees and Payment
6.1 The Fees for the Services are those set out on the Website at the date an Order is accepted.
6.2 Fees and charges are likely to attract VAT and/or other applicable taxes.
6.3 Payment must be made at the time of Order by submitting credit or debit card details.
6.4 In the event of the cancellation of an Order by the Client, AccuCert retains the right to charge the Client for the Services in full.
7. Intellectual property rights
7.1 All Intellectual Property Rights in the Deliverables and Pre-existing Materials shall be owned by AccuCert.
7.2 AccuCert licenses these rights to the Client free of charge on a non-exclusive basis to enable reasonable use of the Deliverables.
8. Confidentiality
8.1 The Client shall keep in strict confidence all technical or commercial know-how, specifications, or processes disclosed by AccuCert.
9. Termination and suspension
9.1 The Contract continues as long as it takes AccuCert to perform the Services.
9.2 Either Party may terminate the Contract if the other commits a serious breach or is subject to bankruptcy/liquidation.
10. Force majeure
AccuCert shall have no liability if it is prevented from performing its obligations by acts, events, omissions or accidents beyond its reasonable control, including strikes, utility failure, or acts of God.
11. Data protection
AccuCert is the data controller for the purpose of Data Protection Legislation (Data Protection Act 2018). Processing of Personal Data is subject to these Terms and the Privacy Policy.
12. Limitation of liability
12.4 AccuCert’s total liability in contract, tort, or otherwise shall be limited to the price paid for the Services.
21. Dispute and applicable law
21.1 Any dispute that cannot be settled amicably shall be settled by arbitration governed by the rules of the Association of Translation Companies in the United Kingdom.
21.3 The Contract shall be interpreted in accordance with the law of England and Wales.
Legal Enquiries
Accucert Ltd | office@accucert.co.uk