TERMS AND CONDITIONS
Please read the undernoted conditions carefully. The undernoted conditions shall apply to any translation services provided to you by immotranslations Limited. By accepting these conditions, you agree that a contract shall be created between you and immotranslations Limited on the terms set out below (‘the Contract’). References to ‘we’, ‘our’ and ‘us’ are references to immotranslations Limited, a private company, incorporated under the Companies Acts, in Scotland, registered number SC322643, and having its registered office at The Lighthouse, Heugh Road, North Berwick, EH39 5PX. References to ‘you’ and ‘your’ are references to the business organisation on behalf of whom these terms and conditions are accepted.
1 TERM OF CONTRACT
This Contract shall commence on the date when the terms of this Contract are accepted (the ‘Effective Date’) and shall continue until terminated in accordance with Clause 7 or otherwise in accordance with law (the ‘Term’).
2 OUR OBLIGATIONS TO YOU
2.1 We shall translate property documentation supplied by you (including, but not limited to sales and lettings brochures, valuations and property management and investor reports) between the English and German language using our experience within the German and UK property markets (‘the Work’).
2.2 In the event that you require property documentation to be translated into a language other than English or German we shall sub-contract this work to a third party.
2.3 We will treat the property documentation provided by you as confidential. However we may disclose the property documentation to our employees and contractors to whom it is necessary to disclose the property documentation for the proper performance of the Work and where we are required by law to disclose such information.
3 YOUR OBLIGATIONS TO US
3.1 You agree:-
3.1.1 to comply with the terms of this Contract; and
3.1.2 to pay our translation fee (‘the Fee’) in terms of Clause 4.
4 TRANSLATION FEE
4.1 Subject to the production of an invoice by us, you shall pay to us the Fee as shall be notified to you prior to us undertaking the Work.
4.2 The Fee:
4.2.1 is exclusive of any Value Added Tax (‘VAT’); and
4.2.2 shall be paid in Pounds Sterling or Euro.
4.3 We are VAT registered with VAT number 982 3866 74. VAT may be chargeable on the Fee for the performance of the Work in accordance with the applicable VAT regulations. In the event that VAT is chargeable on the Fee, we shall notify you and VAT shall be payable by you in addition to the Fee (upon the rendering of an appropriate VAT invoice).
4.4 If any sum due or payable under this Contract is not paid within 30 days from receipt of a valid invoice, interest may be charged at the rate of 4% per annum above the base lending rate of the Bank of Scotland plc on the amount delayed.
All intellectual property rights, including copyright, in the Work shall at all times remain vested in us (or our sub-contractors as the case may be).
6 NO GUARANTEES / DISCLAIMERS
6.1 Please note that we do NOT guarantee the information contained in our translated text is accurate or complete.
6.2 The translated text provided to you by us is without any warranty, express or implied, that the content of the translated text is accurate, complete or fit for a particular purpose.
6.3 If you intend to use the information contained in our translated text for legal purposes, you should take care to carry out such checks as you see fit to satisfy yourself about the accuracy of the information contained in our translated text. The property documentation in its original form and language shall always remain authoritative and supersede any information contained in our translated text.
7.1 This Contract may be terminated at any time by you serving at least one 1 week’s notice to us.
7.2 This Contract may be terminated by us immediately if you commit a breach of any term of this Contract.
7.3 Either party may (without prejudice to its other rights) terminate this Contract at any time forthwith by notice in writing to the other if, a voluntary agreement is approved, or an administration order is made, or a receiver or administrative receiver is appointed over any of the other party’s assets or undertaking or a resolution or petition to wind up the other party is passed or presented (other than for the purposes of a genuine scheme of solvent amalgamation or reconstruction) or if any circumstances arise which entitle the court or a creditor to appoint a receiver, administrative receiver or administrator or to present a windingup petition or make a winding-up order or the other party ceases to carry on business.
7.4 Any termination of this Contract pursuant to this Clause 7 shall be without prejudice to any other rights or remedies either you or us may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either you or us.
8 LIMITATION OF LIABILITY
8.1 Neither we nor you exclude or limit our liability in respect of the death of, or personal injury caused to, any person by negligence, or for fraudulent misrepresentation by either you or us or any other liability which by law neither you or us can limit or exclude.
8.2 We shall not be liable to you for the following loss and damage (including costs and expenses relating to or arising out of such loss or damage) whether arising from contract, delict (including negligence) or otherwise and whether or not you have been advised of the possibility of such loss and damage: (i) any indirect or consequential loss, (ii) loss of reputation or goodwill, (iii) loss of revenue, business, profits, interest or anticipated savings (iv) third party claims against you, or (v) cancellation of any work requested by consumers or non-payment by consumers.
8.3 While we will endeavour to take steps to ensure that any property documentation translated by sub-contractors is of the same quality as the Work carried out by us, we make no guarantee, warranty, representation or undertaking about any translation work carried out by the subcontractors.
You shall indemnify us and hold us harmless against all claims, demands, actions, costs, expenses, losses and damages arising out of or caused by any failure by you to comply with the provisions of this Contract.
10 DATA PROTECTION
10.1. Each party agrees to comply with its respective obligations under the Data Protection Legislation (where “Data Protection Legislation” means (i) unless and until it is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK; and (ii) any successor legislation to the GDPR or the Data Protection Act 1998 from time to time in force in the UK. This Clause 10 is in addition to, and does not relieve, remove or replace, a party’s obligations under Data Protection Legislation.
10.2 The parties acknowledge that for the purposes of the Data Protection Legislation, you are the data controller and we are the data processor (where “controller” and “processor” have the meanings as defined in Data Protection Legislation).
10.3 The scope, nature and purpose of processing by us is the translation of property documentation. The type of personal data will be set out in the property documentation and the categories of data subjects are your clients and any other individuals that may be referred to within the property documentation. The duration of the processing is that of our retention period, which is a maximum of 36 months from receipt of the relevant documentation.
10.4 Without prejudice to Clause 10.1, you will ensure that you have all necessary consents and notices in place to enable lawful transfer of the personal data to us for the duration and purposes of this Contract.
10.5 We shall, in relation to any personal data processed in connection with the performance by us of our obligations under this Contract:
(i) process the personal data only on your written instructions (unless otherwise required by applicable law);
(ii) maintain records of any processing of personal data that we carry out on your behalf;
(iii) ensure that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data;
(iv) ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential;
(v) not transfer any personal data outside of the UK to any territory not within the European Economic Area without your prior written consent;
(vi) assist you, at your cost, in responding to any request from a data subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(vii) notify you without undue delay on becoming aware of a personal data breach; and
(viii) at your written direction, delete or return personal data and copies thereof to you on termination of this Contract (unless required by applicable law(s) to store the personal data).
10.6 Where you require documentation to be translated into a language other than English or German, you consent to us appointing a subcontractor who specialises in the relevant language as a third-party processor of personal data under this Contract. We confirm that we have entered, or will enter (as the case may be), a written agreement with any such third-party processor incorporating terms which are substantially similar to those set out in this Clause 10.
10.7 You warrant that:
(i) you are not aware of any circumstances likely to give rise to breach of the Data Protection Legislation (including any personal data breach);
(ii) you have a lawful basis under the Data Protection Legislation to transfer the personal data to us for processing under this Contract and such use will comply with all Data Protection Legislation;
(iii) you will promptly notify us of any action we must take to assist you with ensuring compliance with your obligations under Data Protection Legislation, including with request to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(iv) the personal data is necessary, adequate, relevant, accurate and up-to-date and you will notify us promptly of any changes to the personal data.
11.1 Transfer and Sub-Contracting: This Contract is personal to you only. Only we shall be entitled to assign, transfer, sub-contract or otherwise dispose of our rights under this Contract or any part thereof to any third party.
11.2 Notices: Your address and email address shall be as given to us in your request for the Work. Our address shall be immotranslations Limited, a private company, incorporated under the Companies Acts, in Scotland, registered number SC322643, and having its registered office at The Lighthouse, Heugh Road, North Berwick, EH39 5PX and our email address shall be firstname.lastname@example.org. All notices to be given under this Contract must be either in writing or by electronic mail and sent to the last notified address of the recipient, or any other address which the recipient may subsequently advise the other in writing or by electronic mail.
11.3 Severability: If any provision of this Contract is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Contract had been executed with the invalid, illegal or unenforceable provision eliminated; declaring that in the event of any such severance, we and you shall negotiate in good faith with a view to replacing the provisions so severed with legal and enforceable provisions that have similar economic and commercial effect to the provisions so severed.
11.4 Force Majeure: We shall not in any circumstances be liable to you for any loss of any kind whatsoever, including, but not limited to, any damages, whether directly or indirectly caused to or incurred by you by reason of any failure or delay in the performance of our obligations hereunder which is due to an event beyond our reasonable control (‘Force Majeure Event’). Notwithstanding the foregoing, we shall use all reasonable endeavours to continue to perform, or resume performance of, such obligations hereunder for the duration of such Force Majeure Event.
11.5 Waiver: No waiver by us of any of the provisions of this Contract shall be effective unless it is expressly stated to be a waiver and communicated by us to you in writing or by electronic mail. Subject to the foregoing sentence, no delay or failure by us in exercising or enforcing any of our rights or remedies under this Contract will prejudice or restrict our rights, nor will any waiver of rights by us operate as a waiver of subsequent rights.
11.6 Independent Contractor: Each party to this Contract is an independent contractor, and this Contract does not create a partnership, agency, joint venture or employment relationship between you and us.
11.7 Modification: No variation of or amendment to this Contract shall be binding unless in writing and signed by both us and you.
11.8 Law & Jurisdiction: This Contract shall be considered as a contract made in Scotland and according to the laws of Scotland and shall be subject to the non-exclusive jurisdiction of the Scottish Courts, to which jurisdiction both we and you hereby irrevocably submit.
11.9. This Contract is drafted in English and in German, however, any notices given under it shall be given in English and the English language version of the Contract shall prevail if there is a conflict.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
Who we are
We are Immotranslations Ltd. We are a company incorporated in Scotland (registered number SC322643) with registered office at The Lighthouse, Heugh Road, North Berwick EH39 5PX.
When we refer to “we”, “us” or ”our” in this policy, we are referring to Immotranslations Ltd. We are the data ‘controller’ in relation to the personal data you provide to us, which means we are the company that is responsible for your personal data.
Our website may, from time to time, include links to third-party websites. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave one of our websites, we encourage you to read the privacy notice of every website you visit.
How is your personal data collected?
The majority of personal data we collect from you is through direct interactions.For example, you may give us your personal data by filling in our ‘contact us’ form or by corresponding with us by email, by phone, by post or otherwise.
On occasion, we may also receive personal data about you from third parties or public sources.
Information we collect from you
We may collect and process the following data about you:
- Contact Data. Your name and email address.
- Enquiry Data. Information that you provide by filling in the ‘contact us’ form on our site.
- Correspondence Data. If you contact us, we may keep a record of that correspondence.
- Reference Data. This may include your name, job title or position and any reference you provide to us for publishing on the testimonial section of our website.
- Client Data.This includes any personal data we may collect for invoicing purposes and contact details of the individuals who are our client point of contact.
Uses made of the information
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you (i.e. when you request translation services from us).
- Where we have your prior consent to use your personal data (for example, where you have consented to providing us with a client testimonial).
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
- Where we need to comply with a legal or regulatory obligation.
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are, where appropriate.
Please note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Lawful basis for processing||Type(s) of data|
|To manage our relationship with you including:
notifying you of any changes to our terms of service or privacy notice
|Performance of a contract with you
Legitimate interests (to run our business)
|To produce and issue invoices for our translation services||Performance of a contract with you
Legitimate interests (to run our business)
|To publish client testimonials and references on our website||Consent||Reference Data|
Disclosure of your information
We may have to share your personal information with the following third parties:
- External third-party service providers acting as processors who provide the following services:
- Web hosting and site development (including Names.co.uk and Art is an Option); and
- Subcontractors providing specialist translation services.
We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If Immotranslations Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its clients will be one of the transferred assets.
- Professional advisers, including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities who require reporting of processing activities in certain circumstances. This may include situations where we are required to share personal data in order to comply with a legal obligation or enforce a contract we may have with you, or where we exchange information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law.
Where we store your personal data
We do not currently transfer your personal data outwith the European Economic Area.
All information you provide to us is stored on secure servers and we will use strict procedures and security features to prevent unauthorised access. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site and any transmission is at your own risk.
How long we store your personal data for
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
We normally delete correspondence within 12 months and documentation within 36 months (although these periods may be extended if the relevant issue to which the information relates remains extant). In some circumstances you can ask us to delete your data sooner: see Deleting personal databelow for further information.
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processingof your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format.
- Withdraw consent at any time, where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.
- Review by an independent authority, where you wish to lodge a complaint with a supervisory body. The relevant authority in the UK is the Information Commissioner’s Office. If you have a complaint, we would appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance if possible.
If you wish to exercise any of the rights detailed above, please contact us. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Changes to our policy
Any changes we make to our policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our policy.
Language of Policy
This Policy is drafted in English and in German, however, any notices given under it shall be given in English and the English language version of the Policy shall prevail if there is a conflict.
Questions, comments and requests regarding this policy are welcomed and should be addressed to email@example.com.
Terms of Website Use
Information about us
Our site is operated by immotranslations Ltd (‘we/us/our‘). We are a company incorporated in Scotland (registered number SC322643) with registered office at The Lighthouse, Heugh Road, North Berwick EH39 5PX.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend any service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party without our permission. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text without first seeking our permission to do so.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Whilst we endeavour to ensure that the material displayed on our site is correct, it is provided without any guarantees, conditions or warranties as to its accuracy and we shall accept no responsibility for any errors, omissions or misleading statements on our site, or for any loss which may arise from any reliance placed on materials contained on this site by any visitor to our site, or by anyone who may be informed of any of its contents.
In no event shall we be liable for any loss of business, loss of profit, loss or corruption of data or for any indirect or consequential loss relating to or arising from your use of our site.
Nothing in these terms seeks to exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation. However beyond that we exclude, to the extent permitted by law, all conditions, warranties and other terms which might otherwise be implied.
Information about you and your visits to our site
Transactions concluded through our site
From time to time, we may make available services through our site. If any contract for the supply of services or information is formed through our site, it shall be governed by appropriate terms and conditions of supply which shall be made available to you prior to the formation of that contract.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you unless this is in relation to a forum or blog site or other website where such linking is permitted.
Our site must not be framed on any other site, unless it is made clear that you are linking to our site. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org.
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
These terms shall be governed by the laws of Scotland. If either party requires to raise court proceedings in relation to any dispute relating to these terms or your use of our site then these proceedings must be raised in Scotland.
We may revise these terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes, as they are binding on you. Some of the provisions contained in these terms may also be superseded by provisions or notices published elsewhere on our site.
If you have any concerns about material which appears on our site, please contact email@example.com.
Thank you for visiting our site.