Terms and Conditions

The following represents the Terms and Conditions under which Apex Translations, Inc. (hereinafter, Apex) operates:

SERVICE OPTIONS

Our translation services are grouped into three Translation Packages (service options). These are described in detail in the Translation Services section of our website.

CONFIDENTIALITY

If requested, Apex will sign a non-disclosure agreement in order to ensure the confidentiality of the document(s) to be translated.

 DELIVERY COMMITMENT

We understand the importance of on-time delivery and shall put forth every reasonable effort to complete translations in a timely fashion and within the agreed-upon timeframe. However, Apex shall not be considered in violation of its delivery promise if the client alters the previously agreed terms (delivery time, content, etc.) or if the client does not address questions in a timely manner after Apex received the client’s written confirmation of project approval.

SAMPLE TRANSLATIONS

Upon request by the client, Apex will provide a free sample translation so that the client can assess the translation quality and style prior to placing a binding order with Apex. Sample translations typically comprise one or more sections taken from a document the client is seeking to have translated. Apex reserves the right, at its sole discretion, to determine the conditions under which a sample translation is granted, including the sample size and number of languages. If Apex receives a translation order based on the sample translation it previously provided, Apex will make every reasonable effort, without obligation, to use the same translator who produced the sample.

COMPLAINTS

Upon receiving notification of the delivery of our translation, the client shall have 30 days to review the content. If no action is taken within this review period, our translation shall be automatically considered “Approved.”

If, within the 30-day review period, a client determines that our translation does not meet the expected quality level associated with the selected service option, the client has the option to reject the work. Upon rejection, Apex will promptly complete a thorough quality audit and respond to the client within four to five business days. Should the audit confirm that our translation falls short of the specified quality standards, Apex will honor the rejection and promptly provide a comprehensive retranslation.

In order to be considered, any complaint about translations produced and delivered by Apex must be communicated to Apex in writing within a period of 30 days after the delivery date of the translation in question. Regardless of whether a complaint is justified or not, Apex shall have no obligation to consider any complaints that are submitted at a date later than 30 days after the delivery date, or complaints that are not submitted in writing. E-mail shall be considered “in writing.” “Delivery” shall mean any transmission of the translation to the client by e-mail, a file transfer utility, postal mail, or by shipping provider.

LIABILITY

To the maximum extend permitted by applicable law, in no event shall Apex be liable for any direct or indirect consequential damages, financial losses, lost profits, or other losses that the client may suffer. The client implicitly acknowledges and accepts the provisions of these Terms and Conditions by and when entering into a business relationship with Apex. The client shall be considered to have established a business relationship with Apex once the client issues a purchase order to Apex or provides written authorization in any form, including e-mail, confirming acceptance of Apex’s cost and turnaround time proposal and instructing Apex to start work on the project.

COPYRIGHT INFRINGEMENT

Client agrees to be solely responsible for the use of our translations, including free sample translations. The client shall be solely responsible for abiding by all copyright laws in any or all countries of the world. Apex shall not be responsible for any infringements of copyright laws by clients. The client shall not hold Apex liable for copyright infringements through their use of our translation or through their use of any copyrighted material unbeknownst to us.

RIGHT TO REFUSE

Apex reserves the right to not take on a translation project, including free sample translations without explanation. Apex will not perform a translation for which we are not qualified. We may not accept content that we consider illegal, offensive, or inappropriate.

FORCE MAJEURE

Notwithstanding any other provision of this Agreement to the contrary, Apex shall not be liable to the client for any failure to fulfill Apex’s obligations hereunder if such failure to fulfill Apex’s obligations is due to any force majeure such as but not limited to labor disputes, fire, flood, governmental or political action, acts of God, breakdown of communication networks, power outages, or any other causes beyond the reasonable control of Apex Translations. In the event of any such occurrence, the time period for Apex’s performance under this Agreement shall be correspondingly extended.

LEGAL DISPUTES AND LITIGATION

In the event of a legal dispute or litigation between Apex and any of its clients, client agrees, by awarding an order to Apex and thereby accepting these present Terms and Conditions, that all venues shall be the competent District Court in Columbus, Indiana, and that Indiana Law shall apply. The parties involved also agree that the losing party in any such legal dispute and/or litigation shall pay to the winning party all legal expenses, including but not limited to reasonable attorneys’ fees, reasonable and documented travel and lodging expenses, and/or mileage at the effective IRS rate.

PRICING, ORDERING, AND PAYMENT METHODS

The price for your translation project is based on the client’s specific needs, the service level, the languages, formatting, editing, legibility of the documents, etc. After the scope of the project has been established, Apex shall submit a written proposal. Upon written acceptance of the submitted proposal by means of a purchase order or by written authorization to proceed by an authorized employee of the client, Apex shall start work on your project. If the client cancels the translation after the order has been placed, the client agrees to pay all charges incurred at the time the order is cancelled by the client. No refunds shall be issued. Translated documents shall be returned to the client by e-mail, a file transfer utility, or by shipping provider. Unless agreed upon otherwise in the proposal, payment terms are 30 days net. Any payment by the client, in any form, to Apex is considered final and cannot be refunded. Payments can be made by credit card, check, money order, postal mail, or wire transfer.

Apex reserves the right to change and amend these business terms at any time without prior notice. For more information, please consult our website at www.apex-translations.com, or call us at 1-252-791-9902.

Last updated: 5/2/24