MCIS Language Solutions (“MCIS”) provides organizations and individuals who request translation and other language services (the “Client”) free quotations within 1 business day of receiving the Client’s request. The quotation includes specific details for each individual request and the provision of services quoted is subject to the following Terms and Conditions. By approving the quotation provided by MCIS staff, the Client agrees to be bound by these Terms and Conditions.

SCHEDULE OF SERVICES

The Client retains the professional services of MCIS to provide the services described in the Quotation received from MCIS. These services include, but are not limited to, translation, revision, editing, proofreading, desktop publishing, layout formatting, transcription, voiceover, dubbing, localization and other language services.

TRANSLATION QUALITY ASSURANCE AND TRANSLATOR QUALIFICATIONS

MCIS follows a rigid quality assurance process that conforms to the requirement of the Translation Services Standard CAN/CGSB-131.10-2008 and ISO 17 100. All of MCIS’ translators and revisers also meet the qualifications requirements of the Translation Services Standard CAN/CGSB-131.10-2008. Specific details regarding the quality assurance process for each individual project as well as translator qualifications will be provided upon request.

DELIVERABLES

MCIS will provide the client with deliverables outlined in the quotation. The client is responsible for providing MCIS with all necessary information and documents in order to provide the services as outlined in the quotation. This includes, but is not limited to the following: languages and regional variants requested, source files in final format, target audience, style guides, reference material, instructions for translation of names, type of certification needed.

DELIVERY

Documents will be delivered electronically by MCIS to the email address specified by the client and in accordance with the instructions provided, unless otherwise agreed with the Client. Delivery of hard copies by regular mail, if needed, is included in the cost of translation. Delivery charges for overnight mail and/or messenger services will be billed in addition to the rates and/or prices set forth in the quotation provided to the client. The Client will pay any federal or provincial tax applicable to the provision of translation and other language services.

TURNAROUND TIME

MCIS will discuss the turnaround time with the Client before the beginning of the project. This turnaround time is flexible, however, and can be accelerated if reasonably possible in accordance with the Client’s specific needs.

RUSH PROJECTS

In all circumstances, including when undertaking rush projects, MCIS will act in a prudent and diligent manner and will use reasonable efforts, according to circumstances and deadlines established by the Client, to offer quality service. Please note that rush charges may apply when accelerating turnaround times. Rush charges, if applicable, will be included in the quotation provided to the client.

DEPOSIT

Payment can be made to MCIS via cheque, credit card, or wire transfer. By accepting these Terms and Conditions the Client acknowledges the sole responsibility to make full payment of all charges and expenses relating to the project within thirty (30) days after its completion, unless otherwise agreed upon with MCIS in writing. Advance payment may be required at the time the quote is approved. MCIS Project Coordinator will inform the Client if upfront payment is required. Collection of any related payments from any third party is a private matter of the Client and shall not affect the Client’s responsibility for payment to MCIS.

CONDITIONS

Since translation is a subjective process through which different individuals may express the same meaning using different word choices, MCIS will not be liable for such variations. Additionally, there may be “personal preferences” in word selection that may be stylistic or based on a person’s familiarity with company- or industry-specific terminology. MCIS will attempt to utilize reference materials and glossaries to a commercially reasonable extent, but there remains the likelihood that the Client may prefer word insertions or replacements. As such, there may be additional costs associated with the incorporation of differing terms or language into the final translated document.

CLIENT CHANGES TO PROJECT PARAMETERS

Should the Client change the parameters of the project while it is in progress (such as turnaround time accelerated, source files not provided on time, project’s scope/size expanded, etc.), MCIS reserves the right to apply additional charges and/or extend the deadline in accordance with the change requested. Furthermore, should the Client request additional services to be performed such as subjective revisions to language and/or layout, revisions to source files which might affect the target language versions, etc., then charges for such services will be due in addition to the above.

CERTIFICATION

For documents that require certification, it is the client’s responsibility to give MCIS specific instructions regarding the type of certification required. MCIS will not be responsible for acceptance of translated work by any organization without specific prior instructions.

COMPLAINTS

The Client must notify MCIS of any concerns with MCIS’s performance within thirty (30) calendar days of receipt of deliverables via certified letter/return receipt or via electronic mail to an account representative. If MCIS is not so notified, the Client waives all rights and claims arising out of such performance. Any changes requested to the deliverables after such period will incur additional charges.

PROJECT CANCELLATION

Should the Client cancel the service contracted, the Client will be obligated hereunder to pay MCIS for all work completed prior to MCIS having reasonably received notification of cancellation. In the case of rush projects, if the project is cancelled after the work has been assigned to translators, and before actual translation work has begun, the rush fee will be billed to the client.

LIMITATION OF LIABILITY

MCIS shall not be liable under any theory at law, in equity or otherwise for any special, exemplary, punitive, incidental, indirect, or consequential damages (even if MCIS has been advised of same), including without imitation lost profits or revenues. The entire liability of MCIS for any claim, loss or damages under any theory at law, in equity or otherwise, including without limitation contract, tort, negligence and strict liability, arising out of this agreement or the engagement of MCIS in connection with the project in question, the performance or breach hereof, or the subject matter hereof shall not in any event exceed the sum of the payments actually made by the Client to MCIS pursuant to this agreement for the specific project that is the subject matter of dispute.

CONFIDENTIALITY

“Confidential Information” shall mean any proprietary information, data, source code, object code, flow charts, software in any stage of development, know-how, processes, designs, plans, drawings, specifications, documentation, tapes, CDs or DVDs, reports, manuals, proposals, pricing, market research or development plans disclosed in tangible or intangible form to one party (“Recipient”) by the other party (“Discloser”). Recipient shall not, without prior written permission by Discloser, transmit the Confidential Information received from Discloser to any third person or entity, except (i) to independent contractors who have a need to know and have signed written confidentiality agreements agreeing to maintain the confidentiality of all Confidential Information, (ii) to those in a fiduciary relationship with the Client, or (iii) as may be required by law.

Recipient shall exert commercially reasonable efforts to confine knowledge of and access to Confidential Information to those employees who, in the ordinary course and scope of their employment, need to have knowledge of and access to such Confidential Information.

CONTENT OF DOCUMENTS SUBMITTED FOR TRANSLATION

The client agrees to indemnify MCIS from any liability resulting from the content of the translated information and further assures MCIS that the information submitted for translation does not violate any criminal or other statutes of Canada or of any other jurisdiction.