General Terms
and Conditions
These General Terms and Conditions ("GTC")
form an agreement between the translation service provider
(¡°WTH") and yourself ("the Customer")
for the supplier WTH to the Customer of Services (as
hereinafter defined).
1. Use of Information
and Privacy
WTH will not use any personal information about individuals
other than to provide Services to the Customer. Examples
of such information are name, postal address, e-mail
address, and phone numbers. WTH will not sell, rent,
or loan any identifiable information regarding its customers
to any third party.
2. Confidentiality
The nature of the Services performed and any information
transmitted to WTH by the Customer is confidential.
WTH will not divulge or otherwise disclose such information
to any person or third party other than authorized employees
or authorized subcontractors of WTH whose job performance
requires such acts. This provision will not apply to
the extent WTH is required by law to divulge such information
or to the extent such information is or becomes a matter
of public knowledge other than by disclosure by WTH.
3. Services
3.1 WTH agrees to provide Services to the Customer in
accordance with the GTC.
3.2 The GTC constitutes a legally binding agreement
between the Customer and WTH regarding the Services
rendered or to be rendered by WTH. However, the Customer
and WTH may make a separate agreement, and in the event
that the GTC and the separate agreement are in conflict,
the separate agreement will have final say in such matters.
Whether the separate agreement constitutes an effective
agreement or not shall be governed by, and construed
in accordance with the relevant laws of the Republic
of Korea.
3.3 Corrections
WTH shall correct the following errors free of charge:
Outright mistranslation, omissions, typos, grammatical
mistakes, and non-adherence to any approved glossary.
WTH¡¯s sole obligation with respect to errors is the
obligation to correct any such errors at no cost to
the Customer.
4. Use of Services
4.1 The Customer is responsible for the use of the Services
provided.
4.2 WTH expressly has no responsibility for the content
of the documents submitted to it by the Customer, nor
does WTH have any responsibility for the implications
of any of its translations.
5. Charges
5.1 The price for which the Customer pays shall be agreed
on by an agreement between the Customer and WTH. Agreement
shall be made in written or electronic form, including
e-mail, fax, or personally delivered or mailed hard
copy, which laws of the Republic of Korea consider as
consummation of an agreement.
5.2 Translation fees presented by WTH at the request
of the Customer are before taxes, unless otherwise specified.
5.3 WTH reserves the right to charge Customers any bank
transfer fees and expenses and any other currency conversion
costs in addition to the quoted Fee.
6. Warranties and Liability
6.1 WTH warrants to the Customer that the Services will
be provided using reasonable care and skill. WTH expressly
does not give the Customer any other warranties whatsoever.
6.2 WTH will use its best endeavors to deliver the Services
within any agreed time, but shall not be liable to the
Customer or be deemed to be in breach of the GTC by
reason of any delay in performing, or any failure to
perform, any of the Services, if the delay or failure
was due to any cause beyond WTH's reasonable control.
For the purposes of this clause 6.2, the following occurrences
shall constitute circumstances which are beyond WTH¡¯s
reasonable control:
(a) electricity or telecommunication failure of whatever
means; or
(b) acts of god, riot, war, invasion, acts of terrorism,
hostilities (whether declared or not), civil war, rebellion,
legislation changes, flood, fire or drought.
6.3 WTH shall keep confidential all information and
documents delivered to it by the Customer and shall
not disclose any such information or the contents of
such documents to any third party unless compelled to
do so by law.
7. Termination
7.1 Termination by Customer
Customer may terminate the GTC at any time by notifying
WTH of such intention. However, Customer shall pay WTH
translation fees to the extent that WTH has completed
the Services until notification of termination is made
by Customer, plus reasonable opportunity cost lost by
WTH due to the Services. Normally, opportunity cost
does not exceed 20% of total translation fees, and is
determined by WTH in consideration of Customer¡¯s representations
in the course of negotiation, negotiating expenses incurred
by WTH (e.g., man hours), and the time from the entering
into the GTC to the notification of termination.
7.2 Termination by WTH
WTH may terminate the GTC due to reasons other than
uncontrollable reasons set forth in Section 6.2 above
by notifying Customer. In this case, WTH shall pay Customer
an amount equivalent to the double of earnest money
as a penalty when Customer already paid earnest money
to WTH. However, in the event that the earnest money
exceeds 10% of the total translation fees, the penalty
is limited to 20% of the total translation fees.
In the event that Customer does not pay earnest money
to WTH, WTH shall pay Customer 10% of the total translation
fees.
8. General
Any other matters not stipulated in the GTC shall be
governed by relevant laws of the Republic of Korea.
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