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.