1. KYA Verbum

KYA Verbum is the professional translation agency located in Montreal, Quebec, Canada and registered in Montreal, Quebec, Canada, under registration number 2276991207. Said professional translation company will be the provider of translation services from and to the languages offered to clients who request it by means of a contract to carry them out.

2. Client

The client is any natural or legal person who requests KYA Verbum to carry out a translation project from and into any of the languages offered.

3. Quote and contract

3.1 Until KYA Verbum has had the opportunity to fully analyze the document to be translated and / or edited, no quotation or delivery date related to it may be binding and these may be modified or withdrawn at any time.

3.2 A contract will be considered formal and closed in writing when the client accepts the quotation delivered by KYA Verbum or when KYA Verbum sends a written confirmation of the acceptance of the project to the client. The acceptance or written confirmation may be sent by any electronic means or by physical mail.

3.3 KYA Verbum will be responsible for confirming in writing.

3.4 Unless whoever sends the document (s) to be translated or edited explicitly states that they are acting on behalf of a third party where the full name, address and all relevant client data are indicated in writing, KYA Verbum will consider as its client the person who sends the project to be translated, who will have a liability for the project.

3.5 In the event that KYA Verbum has reasonable grounds to suspect that the client will not fulfill its payment obligation, KYA Verbum will be authorized to request additional payment guarantees.

4. Delivery date and deadline

4.1 KYA Verbum will always try to honor the agreed delivery date except in cases of force majeure beyond its control. In the event that it is not possible for KYA Verbum to meet the agreed delivery date due to exceptional circumstances, KYA Verbum will be obliged to immediately notify its client of the situation.

4.2 The translation will be considered delivered when it is sent to the client by email or other electronic means, postal mail, fax or courier.

4.3 The client will be obliged to do everything necessary within reasonable parameters to facilitate the timely delivery of the translation project by KYA Verbum.

5. Modification or cancellation of a project  

5.1 In the event of changes or additions by the client once a contract has been formalized, and if such changes and / or additions are not limited in nature, on which KYA Verbum will have the right to determine, KYA Verbum reserves the right either to modify the delivery date, as well as the price in relation to the changes, or to reject them.

5.2 Any modification made within the agreed conditions for a project once the contract has been formalized, will be valid only through the acceptance and confirmation of the same in writing by KYA Verbum.

5.3 In the event that a client cancels a project once the contract has been formalized, the client will be fully responsible for the full payment of the agreed fees. KYA Verbum reserves the right to apply a discount to the client, which will be at the sole discretion of KYA Verbum and which will depend on the time and work already invested in the project. KYA Verbum will deliver all the progress of the project carried out up to that moment.

6. Carrying out projects and confidentiality

6.1 KYA Verbum guarantees its clients that all translation projects will be carried out to the best of their abilities and experience.

6.2 KYA Verbum reserves the right to contract the services of third parties; that is, independent and qualified translators to carry out the projects. These translators will be part of the network of collaborators of KYA Verbum.

6.3 The client will be obliged to provide all the information necessary for the translation of the project that they have, including technical terminology in order to guarantee its high quality.

6.4 KYA Verbum will be obliged to maintain strict confidentiality of all information provided by the client. KYA Verbum is committed to informing any independent translator from its network of collaborators or anyone who subcontracts to carry out any translation project, about the strict confidentiality of the information provided by the client.

However, KYA Verbum cannot be held liable in the unlikely event of misuse of the information by an outsourced independent translator.

7. Fees, payments and collection

7.1 The price of the project will be based on the number of words of the text to be translated multiplied by the standard rate per word, except in cases where KYA Verbum has agreed with the client other conditions.

7.2 In addition to the standard rate, KYA Verbum will apply a surcharge if the text to be translated requires additional editing work, be it extraordinary or highly specialized, or if it needs to be translated urgently.

7.3 Rates do not include VAT or value added tax, unless explicitly stated otherwise.

7.4 Invoices must be covered by a down payment agreed between KYA Verbum and its client, which, as a general rule, will amount 50% percent of the total value of the invoice. Said down payment will certainly be discounted from the total to be paid on the invoice. The client must cover the rest of the invoice in its entirety to KYA Verbum at the time of delivery of the translation. The client will be in default if, as of the due date of the invoice, it has not been fully covered. In case of non-payment, the legal interest rate and any other collection costs will be borne by the client, including the administrative costs of KYA Verbum and the administrative costs and / or commissions.

8. Claims and controversies

8.1 In the event of a claim, the client must formulate it in writing, detailing the reasons relating to it, as well as a detailed explanation, and send them to KYA Verbum at the latest, within ten business days after the delivery date. The client will not be under any circumstances exempt from its obligation to pay KYA Verbum due to the submission of a claim.

8.2 If the client has not made any claim after the period indicated in article 8.1 has elapsed, it will be understood that he accepts the project in its entirety as it was delivered and any subsequent claim will only be valid with the written authorization of KYA Verbum.

8.3 In the event of a claim or dispute, KYA Verbum will formally make its opinion known, based on the expert opinion of the relevant freelance translator (s).

8.4 In the event that KYA Verbum considers the claim to be well founded, partially or totally, KYA Verbum undertakes to carry out as far as possible a repair of the project.

8.5 KYA Verbum will offer the client a guarantee of the translation of a maximum of 30 calendar days or one month from the date of delivery of the same, to make pertinent adjustments or corrections to the delivered translation, be it the same format, style, design or content. Said guarantee will not be considered a claim by the client but only a request to make certain adjustments to the delivered translation.

9. Liability and compensation

9.1 KYA Verbum will incur liability for losses or damages that are proven to be the direct result of an error attributable to KYA Verbum. KYA Verbum cannot be held liable under any circumstances, for any other type of impairment, be it loss of profits, losses due to delay, etc.

Likewise, KYA Verbum will not be held liable for incorrectly translating existing ambiguities in the original document of the client.

9.2 The liability of KYA Verbum will always be limited to an amount equal to the fees it would have received for the project and under no circumstances may this amount be exceeded.

9.3 The client will be solely responsible for the risk of suffering adverse consequences derived from the use of the text translated by KYA Verbum, including financial damages or personal damages. It is the entire responsibility of the client to check the correctness of those parts of the translation delivered by KYA Verbum that are of special importance or of a fundamental nature such as figures, medical data, technical data, etc. since, although KYA Verbum always carries out translation projects to the best of its abilities and experience, it cannot be ruled out in any case that an inadvertent omission occurs.

9.4 KYA Verbum will not be held liable for damage or loss of documents, information or information carriers that the client has made available to KYA Verbum. In addition, KYA Verbum will not be held responsible for any loss or deterioration caused by the use of information technologies, the Internet and modern telecommunication means, nor for any loss or deterioration resulting from the transfer of information such as transport companies, couriers, postal mail, etc.

9.5 The client will indemnify KYA Verbum for any claim made by a third party in relation to an alleged violation of a property title, patent or intellectual property right of the translation carried out.

10. Termination

10.1 In the event of a breach by the client of its obligations under this contract, or in the event of a bankruptcy, moratorium or dissolution of the client’s company, KYA Verbum shall have the right to cancel all or part of the contract, or to suspend performance of the same.

10.2 In the event that KYA Verbum breaches its obligations due to circumstances beyond its control, KYA Verbum shall have the right to postpone the performance of this contract or to terminate it, without any compensation being required for it. Said extraordinary circumstances include, but are not limited to, fire, floods, hurricanes and all kinds of natural disasters, accidents, strikes, riots, war, health problems, transportation problems, as well as measures taken by the competent public authorities.

11. Copyright

11.1 Unless explicitly agreed otherwise, KYA Verbum reserves all copyrights for all translations made by translators.

12. Applicable law

12.1 In all relationships between KYA Verbum and the client, all local, provincial and federal laws related to any economic activity within the jurisdiction of the Province of Quebec, Canada shall apply. Likewise, any dispute or claim will be submitted to a competent court of the Province of Quebec, Canada.

13. Miscellaneous

13.1 The most recent version of these general terms and conditions will be delivered at the client’s request, they are also available at www.kyaverbum.com

13.2 These general terms and conditions shall govern all legal relationships between KYA Verbum and the client, and invalidate the general terms and conditions of the client, unless KYA Verbum has agreed to accept said general terms and conditions in advance and in writing.

Date of last update: January 2022.