The terms and conditions contained herein shall apply to all services rendered by Keystone Agency.
All service requests shall be accompanied by an order including the price and delivery date established by Keystone Agency. The order shall be submitted to Keystone Agency in writing, and Keystone Agency reserves the right to refuse service without an order.
Technical documents shall be accompanied by reference documents supplied by the client and/or drawings or diagrams that provide a better understanding of such documents.
Complaints shall only be taken into consideration if received via email within five business days of the service delivery in whole or part. All complaints must be accompanied by the original document, disputed translation, and a letter of explanation. Once the aforementioned time period has elapsed, the translation shall be considered accepted.
In the event of a complaint made within the established deadlines, Keystone Agency agrees to deliver an edited version of the disputed translation at its own expense within a timeframe equal to one-third of that previously established for the job plus one business day.
Keystone Agency shall not be held liable for any delays caused by system failures not directly attributable to Keystone Agency.
In the event of late delivery where the delay is more than one-third plus one business day of the established delivery time, and in the event that the delay is directly and solely attributable to Keystone Agency, a reimbursement of up to 100% of the service fee shall be administered, the amount of which shall be established between the parties.
Defects present in one part of the translation shall not be grounds, for any reason whatsoever, for questioning the entire translation. Keystone Agency reserves the right to make modifications to the translation in such cases.
Only written agreements between the parties shall be taken into consideration. The Naha District Court of Okinawa, Japan shall have jurisdiction for all disputes. In the event of failure to pay, all representation of partial or total reproduction of such translation shall be deemed illegal. Keystone Agency shall reserve the right to request of a client who uses unpaid material the immediate payment of the translation and compensation for copyright as applicable.
The cost of a translation shall be calculated using a count of words for Latin languages and characters for non-Latin languages in the source language as indicated by Microsoft Word, unless otherwise previously established in writing.
In the event that a client cancels a service order, all work completed by the time of Keystone Agency’s confirmation of the client’s cancellation, which shall not exceed 24 hours from the time of the client’s request to cancel, shall be billed in proportion to the total service fee. No request for suspension of order shall be accepted.
Unless otherwise specified, all invoices must be paid within ten business days from the date they are issued.
Any late payment or failure to pay shall be cause for immediate collection of the entire amount due from the client, without previous notice or other formalities. Keystone Agency reserves the right to assess interest on any late payment or failure to pay calculated at an annual percentage rate of twelve (12) percent per calendar day. Moreover, the client shall reimburse any expenses Keystone Agency incurs to settle the case.
All services in progress shall be suspended in the event of late payment.
3. Warranty and Disclaimer
The client represents and warrants that he/she has all necessary right, title, and interest in the materials he/she provides, and that these materials will not and do not infringe or violate any third party’s rights, do not violate any law, and do not contain any offensive or unacceptable content.
All services shall be provided as is. Unless agreed otherwise, neither Keystone Agency nor its translators, contractors, or suppliers shall make any specific promises about Keystone Agency’s services and shall not make any commitments about the content within the services, the specific functions of the services, or their reliability, availability, or ability to meet the client’s needs. To the extent permitted by law, Keystone Agency excludes all warranties.
In no event shall Keystone Agency or any of its affiliates be liable for any unintended, indirect, incidental, special or consequential damages, or damages for lost profits or loss of business, however caused and under any theory of liability, whether based in contract, tort (including negligence) or other theory of liability, regardless of whether either party was advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy. In no event shall Keystone Agency’s or its affiliate’s liability hereunder exceed the amount paid by the client to Keystone Agency for the invoice of service giving rise to liability.