1. Definitions and interpretation

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 to produce a word count with the program Practicount and Invoice available from

http://www.practiline.com/

The current version (v3.1) supports the following formats

• Microsoft Word (doc, rtf)

• Microsoft Excel (xls, csv)

• Microsoft PowerPoint (ppt, pps)

• Corel Word Perfect (wpd)

• Adobe Acrobat (pdf)

• Adobe Framemaker (mif)

• HTML (htm, html, shtml)

• XML, SGML

• ASP, PHP

• Help files (cnt, hhc, hpj, hhk, hhp)

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" 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 Word counts are notoriously unreliable in many instances and quotations based on your word counts should only be used as a guide. We perform our own word counts using Practicount and Invoice, a professional package designed for translators to provide accurate word counts. A fully functional 15 day trial version can be obtained from the download section of the following site http://www.practiline.com/.

6.2 The word count provided by Practicount and Invoice using our standard count settings will be employed in our quotations, where a document has been provided.

6.3 We may or may not accept requests to exclude certain parts of the document from the word count (headers, footers etc), 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 that are not in the formats described.

• However in such circumstances we may choose to give you a quote based on some other criteria of our choosing (eg 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 bugs in Practicount and Invoice, or the word count is changed significantly by text that was not automatically counted, but subsequently is required for translation (examples include, but are not limited to hidden text, text in graphics 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

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

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 (ie 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.

Copyright 2019