Definitions: Terms and Conditions are very important part of any professional relationship and should be reviewed very carefully as these essentially will govern your relationship with Language Consultancy Services Pvt. Ltd. (“LCS®”) as they are the foundation of any agreement/contract between two parties. It is understood that you have accepted the below mentioned Terms and Conditions when you submit your work order /purchase order to LCS®. Client herein would mean the individual, company, organization or any entity that enters into a contract with LCS®. Work means the order/project assigned by client to LCS®.
1. PROFESSIONAL AND LEGAL RELATIONSHIPS
All legal relationships between Language Consultancy Services Pvt. Ltd. (“LCS®”) and the Client will be governed by these general terms and conditions, and unless LCS® specifically approves the application of such terms in writing, will supersede any terms and conditions referred to, offered or relied on by the Client.
2. ESTIMATES, QUOTATIONS AND FINALIZATION OF CONTRACTS
(i) LCS® is free of obligation for any quotations and pre work estimates issued.
(ii) If LCS® did not have had the opportunity to assess the entire project at the time of issuing the quotation, it may repeal quoted prices or terms of delivery in this case. A contract is deemed to be constituted, if the Client accepts the oral or written quotation submitted by LCS® and/or, if no quotation was submitted, written confirmation by LCS® of an order placed by the Client.
(iii) Unless confirmed by LCS® in writing, Agreements and promises made by representatives or employees of LCS® shall not be binding.
(iv) Any person or entity that has placed an order with LCS® is considered as a Client of LCS®, unless said person or entity has explicitly confirmed that they are acting on behalf and at the expense of a third party, and upon placing an order with LCS® the name and address of the third party and of the end client shall be provided to LCS®.
(v) Payments: If LCS® has any reasonable doubt on part of Client's ability to pay, will entitle LCS® to require adequate security from the Client before executing the order.
3. CONFIDENTIALITY AND ORDER EXECUTION
(i) At every given stage of order execution, to meet the desired objective/s set out in the work order and as desired by client, LCS® will carry out orders to the best of its skills, bringing to bear sufficient professional know-how to meet the desired purpose.
(ii) LCS® shall be entitled to hire others to execute the order (in full or in part), unless clearly agreed otherwise, without prejudice to LCS®'s responsibility for the confidential management and proper execution of the same. LCS® shall require to keep confidential anything, a third party involved in the execution of an order that they may learn in the course of their duties.
(iii) LCS® shall do it best to keep all Client information and data strictly confidential to the same degree as it would keep its information and data protected and oblige its employees to do the same. However, if it can sufficiently demonstrate that it was unable to prevent the same, LCS® shall not be liable for breaches of confidentiality by its employees.
(iv) There might be request for information by LCS® about the requirement of the project. In such case the Client shall honor any request for information by LCS® about the requirement of the project as far as possible, as well as requests for reference documentation and lists of terms or glossaries if such are available. The dispatch of such information and documentation shall be done at the Client's expense and risk.
4. AMENDMENT TO AN EXISTING ORDER OR TERMINATION OF ORDERS
(i) All details of scope of work should be clarified before the commencement of work. If the Client makes any major changes to a work order after the contract has been concluded or when the work in is progress shall entitle LCS® to either modify the quoted price and/or term/s of delivery or under certain circumstances decline to execute the order. In the latter case, the Client shall pay for the work already performed.
(ii) If the Client terminates or cancels an order by the Client due to any reason shall entitle LCS® to claim payment of any work already performed for that order as well as compensation for hours spent on research for the remainder of the order and also for the initial research done. In such case LCS® shall make the work done available to the Client at the latter's request, but shall accept no responsibility for its quality.
(iii) Also LCS® may charge the Client 50% or more of the fee for the non-executed part of the work depending on the type of project on case to case basis, if LCS® has reserved time and resources for the execution of the order.
5. TERMS AND DATE OF DELIVERY
(i) Unless an explicit written agreement stipulates otherwise, delivery dates are provisional. In case LCS® perceives that it will be unable to meet an agreed delivery date, LCS® shall notify the Client immediately if it.
(ii) If LCS® fails to meet it deadlines for reasons other than matters beyond its control, and if the Client cannot reasonably be expected to brook any delay, the Client shall be entitled to cancel the contract. In such cases, however, LCS® shall not be liable to pay any damages whatsoever.
(iii) Delivery is confirmed to have taken place the moment the work is sent by via electronic mail or any other medium of internet like posting on client’s ftp or LCS®’s ftp as agreed previously or sent via post, fax, telex, courier, modem, etc. Data sent by electronic mail shall be deemed to have been delivered as soon as the medium has confirmed sending the message.
(iv) The Client shall do everything in its power to facilitate delivery of the service provided by LCS® under the contract. That is to say that the Client shall help LCS® execute the order by doing whatever may practically be necessary or conducive for its timely execution. Any refusal to accept LCS®'s service shall constitute default on the part of the Client, and balance 50% of payment has to be paid by client, even if no explicit request for acceptance has been made.
6 PRICE STRUCTURE AND PAYMENT CONDITIONS
(i) Prices quoted by LCS® will be for the ambit of work explained by Client for the services required and shall apply only to services conforming to agreed specifications.
(ii) LCS® shall be entitled to raise the agreed price if it is forced work with very difficult or unclear specifications and hence has to perform more work or brings upon itself more costs than might reasonably have been foreseen on conclusion of the contract as a result of having received unclear files or faulty files or audios or computer programs from the Client.
(iii) If the Client is working LCS® for the first time, 100% of the payment for the first work to be given as advance. Henceforth 50% of the payment shall be given as advance and balance 50% of the payment shall de made with in 3 days of the completion of the work.
(iv) By default, payment for services supplied under the contract are due prior to commencement of work as per above clause 6 (iii) or, if agreed between LCS® and Client, in staged payments for bulk material or this can be within any other payment term fixed by LCS® in writing.
(v) Payment should be made by the due date as agreed in the contract or as per these term and conditions. Payment shall be net and in full as agreed without any discount, set-off or suspension in the invoiced currency. If case the payment is not made by the due date, the Client until full settlement shall in default, immediately and without notice of default being required, as owing the statutory interest on the invoice amount from the due date shall settle the dues.