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General Terms and Conditions
MontLingo Language Services Inc.

MontLingo shall perform the service(s) set forth and described in the Estimate for the Client.

No conditions other than the Conditions contained in this document nor any variation to these Conditions shall be binding to MontLingo unless otherwise agreed to in writing by Bryan Montpetit of MontLingo.

These General Terms and Conditions are applicable to every Estimate issued by MontLingo and are subject to change. Condition modifications proposed by the Client are hereby excluded, unless agreed to in writing.

DEFINITIONS

“MontLingo”                means MontLingo Language Services Inc., a business incorporated in the province of Québec.

“Client”                   means any person, firm or company to whom MontLingo shall supply service(s) or product(s).

“Sub-Contractor”        means any person, firm or company that shall render service(s) to the Company.

“Requests”                 means a translation project or the requisition of service depending on implied context.

“Work”                     means any translation, copywriting, interpreting , typesetting , artwork, printing or any other services supplied by MontLingo to the Client.

“Conditions”               means the standard terms and conditions of service set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing  between MontLingo and the Client.

General

  1. For individuals, a payment of 100% made via credit card will be required for first time requests prior to starting the individual’s project. All subsequent requests from the same individual will require a deposit of 50% made by credit card.
  2. For companies, organizations, etc… a deposit of 20% made via credit card will be required for first time requests where the request has a value greater than $500.00 (CAD). First time requests with a lesser value are requested to be paid in full via credit card prior to commencing production.
  3. Deposits are non-refundable, unless work on the project has not yet been started.
  4. Should the client have what is considered a poor payment history with MontLingo, MontLingo reserves the right to request credit card payment in full prior to placing a project into production.|
  5. Payment terms will be Net 15 unless otherwise agreed or required due to aforementioned conditions (1, 2, and 3). Late payments are subject to a 3% penalty for every 30-day period accrued.
  6. Credit Card payments are subject to a 3% service charge upon invoicing unless otherwise specified.
  7. MontLingo reserves the right to alter the estimated amount(s) should requests requirements be modified at any point throughout the course of production or prior to placing the request into production. The Client will be notified by MontLingo should this occur.

Acceptance

Any written Estimate for Work will remain in effect for 10 business days after issuance and thereafter will lapse unless otherwise stated in writing. MontLingo will not be bound by any verbal Estimate (i.e. ballpark figure) or any acceptance of it.

Each Request Estimate issued by MontLingo, when accepted by the Client, constitutes a separate contract. Any time-based agreement between MontLingo and the Client and the condition set forth there within supersedes this conditions of Estimate.

Where MontLingo starts work following the Clients request to do so or Estimate acceptance, the Client shall be responsible to respect the conditions outlined in the section “Cancellation and Suspension”.

Cancellation and Suspension (Translation)

If, for any reason, the Client cancels any Translation Request that has been placed in production, following the Clients request to do so or an Estimate approval, The Client shall be liable to pay MontLingo’s charges for all Work completed up to the cancellation date and for all other costs and expenses, which MontLingo may incur as a result of such cancellation.

If the Client suspends or postpones any Translation Request for a period exceeding 10 business days, following the Clients request to proceed or Estimate approval, the Client shall be liable for MontLingo’s charges for all completed Work up to the date of suspension or postponement and for all other costs and expenses which may accrue as a result of such suspension or postponement.

Cancellation and Suspension (Interpretation)

If, for any reason, the Client cancels any Interpretation Request that has been scheduled, following the Clients request to do so or an Estimate approval, The Client shall be liable to pay MontLingo 25% of the estimated amount if outside a 1 week (5 business day) window. Subsequently, the Client shall be liable to pay 50% of the estimated amount, in addition to any penalties MontLingo may be liable for as a result of the Client’s cancellation, if the cancellation occurs within the 1 week (5 business days) of the scheduled event.

If the Client suspends or postpones any Translation Request for a period exceeding 10 business days, following the Clients request to proceed or Estimate approval, the Client shall be liable for MontLingo’s charges for all completed Work up to the date of suspension or postponement and for all other costs and expenses which may accrue as a result of such suspension or postponement.

Liability

MontLingo commits to carry out all Work with reasonable care and skill. The Client shall notify MontLingo of any defect in Work performed by MontLingo in writing within 20 business days following the receipt of the Work by the Client.

In the event that MontLingo receives a valid complaint from a Client within and respecting the aforementioned timeframe, MontLingo’s sole obligation shall be to correct the Work relating to the complaint without charge to the Client as soon as reasonably convenient.

Note, a preferential modification request does not constitute a valid complaint, however MontLingo will of course carry out requested modifications at the agreed rates with the Client. A preferential change is defined as a requested modification to a delivered translation despite the translation meeting the following three conditions:

  1. The original translation respects the intent and tone authored by the source text
  2. There is no error in context, or meaning in the translation in relation to the source text
  3. There is no grammatical or terminology error in the translation in relation to the source text

Prices and Currency

Prices estimated are estimated in CAD (C$) or USD (U$) and are inclusive of applicable taxes and delivery charges (other than standard postage or courier charges), unless otherwise specified. Should your billing address be different from the estimated address, the relevant applicable taxes for the billing address will be charged at the time of invoicing.

Sub-Contractors

The Client acknowledges and agrees that MontLingo may use sub-contractors for some or all of the Work but notwithstanding such use, MontLingo shall remain completely responsible for all actions of sub-contractors relative to the Work. All references to MontLingo in these Conditions are automatically extended to include such sub-contractors as appropriate.

Onsite Interpreters

The Client is responsible for the Interpreter’s per diem, which is the reasonable equivalent to that set forth in the Client’s Human Resource policies. Should no policy exist and no per diem be offered, MontLingo may issue a subsequent invoice related to the Interpreter’s daily expenses.

Onsite Interpreters (Reasonable Accommodations)

Accommodations must be made for the Interpreters, ensuring a comfortable working environment, free of agression, violence or harassment in any form. Interpreters must also be provided reasonable time for breaks and meal time in addition to water and/or refreshments.

Completion of Work

Timelines , dates or periods given for completion of Work are only best estimates and MontLingo is not  liable for the consequences of any delay. The Client must specify a desired completion date when requesting the Work. MontLingo shall make every reasonable effort to meet the Client’s requirements; late delivery shall not entitle the Client to withhold payment for Work done.

Should the Client fail to specify a completion date, it will so grant MontLingo permission to define a delivery on behalf of the Client at MontLingo’s earliest convenience.

Should completion of the Work be required faster than the normal time required for the given translation volume in accordance with MontLingo’s production capacity; a Rush Request status will be applied. Every effort will be made to secure Rush Request translation from defects, but reasonable allowance must be made by the Client in such cases.

Should a Rush Request necessitate overtime being worked or additional costs being incurred to satisfy the said Rush Request, an additional surcharge will be applied to the Client to cover the increased cost.

MontLingo accepts no liability for the consequences of any delay in completion of Work, unless otherwise agreed.

Completed Work will be delivered to the Client via e-mail, downloadable link or other agreed method.

Questions regarding these Terms and Conditions may be sent to finance@montingo.com

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