Terms & Conditions

1. INTERPRETATION

1.1. The definitions and rules of interpretation in this section apply to these terms and conditions (Conditions).

Certling ltd, is a registered company in England and Wales (Company number 14949413). The company's registered office is located at 27 Castle street, Canterbury, CT1 2PX.

Business Day: Any day between 9am and 5pm (GMT) that is not a weekend or a UK bank holiday.

Charges: The fees that the Client must pay to Certling for the Services provided.

Contract: The agreement formed when the Client places an order and Certling accepts it, or when the Client accepts a valid quotation for Services from Certling.

Client: The individual, business, or company that purchases Services from Certling.

Client's Equipment: Any equipment, systems, cabling, or facilities provided by the Client and used in the provision of the Services.

Client Materials: All documents, information, materials, and works provided by the Client for the purpose of the Services, including computer programs, data, reports, and specifications, or the materials specified in the Contract.

Deliverables: All documents, products, and materials developed by Certling (or its agents, subcontractors, consultants, and employees) in relation to the Services, in any form, or as specified in the Contract.

Document: Any written document, drawing, map, plan, diagram, design, picture, image, tape, disk, or other device or record containing information.

Force Majeure: Any act, omission, event, or circumstance beyond the reasonable control of the affected party, including but not limited to acts of God, fire, disaster, war, civil commotion, insurrection, embargo, difficulties in obtaining raw materials, energy or supplies, explosion, industrial dispute, breakdown of plant or machinery, computer system failure, flood, severe weather conditions, riots, accidents, or acts of any governmental or regulatory body.

Intellectual Property Rights: All rights related to utility models, copyright, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, goodwill or passing off rights, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets), and any other intellectual property rights, registered or unregistered, including applications, renewals, extensions, and similar or equivalent rights worldwide.

Pre-existing Materials: All documents, information, and materials provided by Certling relating to the Services that existed prior to the Contract, including computer programs, data, reports, and specifications.

Order: A written request for Services submitted by the Client.

Privacy Policy: The privacy policy maintained by Certling.

Services: The translation, transcription, localisation, certification, or proofreading services to be provided by Certling under the Contract, including any additional services agreed upon with the Client.

Sales Tax: Taxes such as 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, person, or agency engaged by Certling to provide specific elements of the Services.

Website: The website (https://certling.com) operated by Certling, where the Services are advertised.

Certling's Equipment: Any equipment, tools, systems, cabling, or facilities provided by Certling or its Sub-contractors and used directly or indirectly in the provision of the Services.

1.2. Headings in these conditions do not affect their interpretation

1.3. The term "person" includes natural persons, corporations, or unincorporated bodies, whether or not having separate legal personality.

1.4. A reference to a statute or statutory provision includes the current version, accounting for amendments, extensions, or re-enactments, and applicable subordinate legislation.

1.5. A reference to writing or written includes faxes, emails, and communication via the Website.

1.6. Any obligation in the Contract that prohibits a person from doing something includes, without limitation, an obligation not to agree, allow, permit, or acquiesce in that action.

2. APPLICATION

2.1. These Conditions:

(a) Apply to and are 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 provided 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 these Conditions. The Client must be eligible to enter into a contract and be at least 18 years old to purchase Services from the Website.

2.3. The Client's Order or acceptance of a quotation for Services constitutes an offer to purchase the Services on these Conditions. Certling will only accept the Client's offer:

By issuing a written unqualified acceptance signed by Certling; or
(If earlier) by starting to provide the Services, which establishes a contract for the supply and purchase of the Services on these Conditions. The Client's own standard terms and conditions (if any) attached to, enclosed with, or referred to in any Order or other document will not govern the Contract.

2.4. Quotations provided by Certling are instant and valid only during the client's active session on the quote page. A new quote will be generated if the client leaves and returns to the page.

2.5. Certling's quotations are based on the documents uploaded by the clients. If these documents are of poor quality or difficult to analyse, the quote might be incorrect. The client has a responsibility to ensure the source documents provided for translation to Certling are readable.

2.6. Descriptions of Services and information provided on Certling's Website, brochures, catalogs, or other published materials are general descriptions and do not form part of the Contract.

2.7. If Services are customized to the Client's requirements, the Client is responsible for ensuring the accuracy of any information or specification provided.

2.8. Terms and conditions may be modified from time to time, with changes applying only to future orders.

2.9. Certling may make changes to the Services to comply with applicable laws or safety requirements.

2.10. These terms and conditions may be modified from time to time. The Client should regularly check the Website for any changes.

3. COMMENCEMENT AND DURATION

3.1. Certling will provide the Services to the Client from the date of Contract acceptance.

3.2. The provision of Services will continue for the period specified in the Order.

4. CERTLING'S OBLIGATIONS

4.1. Certling will endeavour to provide the Services and deliver the Deliverables to the Client.

4.2. Certling will strive to meet any specified performance dates, but these dates are estimates only.

4.3. Certling is not liable for the loss, corruption, or interception of Original Works or Deliverables.

4.4. Certling is not responsible for verifying the accuracy of the Original Works.

4.7. Certling strives to ensure the accuracy of its translations to the best of its ability.

4.8. For certified, sworn, or accredited translations, Certling (or its suppliers) holds ultimate responsibility for the translated text. Certling has the discretion to reject any requested changes by the Client that do not accurately reflect the original text. No refund will be issued if Certling rejects a change request in such circumstances.

5. CLIENT'S OBLIGATIONS

5.1. The Client must:

Cooperate with Certling in all matters relating to the Services.
Provide Original Works and other information to Certling in a timely and accurate manner.
Obtain and maintain any necessary licenses and consents and comply with relevant legislation related to the Services.
Provide sufficient information and materials as reasonably requested by Certling.
Inform Certling of all applicable health and safety rules, regulations, and security requirements at Client premises.

5.2. If the Client's act or omission prevents or delays Certling's performance of its obligations, Certling will not be liable for any resulting costs, charges, or losses incurred by the Client.

5.3. The Client is liable to reimburse Certling for all reasonable costs, charges, or losses incurred by Certling as a result of the Client's fraud, negligence, failure to perform, or delay in performing its obligations under the Contract, subject to written confirmation from Certling.

6. FEES AND PAYMENT

6.1. The Fees for the Services, the price of any Goods (if not included in the Fees), and any additional charges will be as set out on the Website at the time of Order acceptance or as agreed upon in writing by Certling.

6.2. Fees and charges are subject to 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. Clients may cancel orders as long as Certling has not commenced work on the translation. Clients must inform Certling promptly by email at [email protected] for cancellation.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. Unless required otherwise by law, all Intellectual Property Rights and other rights in the Deliverables and Pre-existing Materials are owned by Certling.

7.2. Certling grants the Client a non-exclusive, worldwide license to use these rights free of charge, to the extent necessary for the Client to make reasonable use of the Deliverables and Services. This license automatically terminates if the Contract ends.

7.3. If Certling does not own any Pre-existing Materials, the Client's use of rights in those materials is subject to Certling obtaining a written license or sub-license from the relevant licensor.

8. DATA PROTECTION AND PRIVACY

8.1. Certling is committed to safeguarding the privacy and security of clients' data. Documents sent for a quote remain on the server for specific durations based on the quote stage and are then deleted.

8.2. Paid documents are retained on the server until the workflow is complete or for 30 days. The final PDF is sent by email and stored in a digital safe, accessible only upon request to Certling's support.

8.3. Certling adheres to stringent data protection policies to ensure the confidentiality and security of client information.

9. JURISDICTION AND DISPUTE RESOLUTION

9.1. This Contract shall be governed by and construed in accordance with the law of England and Wales.

9.2. Any disputes or claims arising out of or in connection with this Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.