Bayberry English

Terms of Service

These terms and conditions apply to each request for a quote from Bayberry English for the provision of translation, native language check and teaching services and to the provision of services following acceptance by the client of a quote from Bayberry English, who shall agree to the following:

Unless expressly stated otherwise, in this Agreement the specified terms shall bear the following meaning:

1.1. “Services” shall refer to services referred to in Article 3 of this Agreement;

1.2. “Party” shall refer to a service provider or client that requests translation, native language check or teaching services from Bayberry English (or on whose behalf translation, language check or teaching services are requested) as subsequently named in the Quote;

1.3. “Confidential Information” means any proprietary information, know-how and data disclosed in confidence by one party to the other party (and including in the case of the Client, the Source Materials and the Deliverables), but does not include any information which (a) is in the public domain; (b) on receipt by the other party is already known by that party; (c) is at any time after the date of receipt by the other party, received in good faith by that party from a third party; (d) required by law to be disclosed by the other party;

1.4. “Contract” means a contract comprising an Accepted Quote and these terms and conditions;

1.5. “Intellectual Property” includes all text, data, copyright, trademarks, designs, patents, domain names, concepts, know-how, trade secrets, logos and all other similar property and rights whether registered or unregistered;

1.6. “Quote” means an estimated price quote issued by Bayberry English to the Client;

1.7. “Services” means the services specified in the Quote;

1.8. “Source Materials” means the document/s submitted by the Client to Bayberry English for translation, as identified in the Quote;

1.9. “Deliverables” means the final deliverables produced as a result of the Services;

1.10. “Working Days”, we are available to work 24 hours a day, 7 days a week to serve our clients.

2.1. All services, including but not limited to: translations, language checks, certifications and language classes shall be done in the manner and form indicated and displayed on the Bayberry English website. All services of alternate forms or means requested by the client must be agreed upon by the parties in writing and stipulated in detail in this document.

2.2. Each request for translation, language check and teaching services made to Bayberry English and supply of Source Materials to Bayberry English is made subject to these terms and conditions.

2.3. No contract exists in respect to any request for translation, check and teaching services or in respect to any Source Materials that may be submitted to Bayberry English, unless and until there is an Accepted Quote. Once there is an Accepted Quote, a ‘Contract’ is formed between the Client and Bayberry English in respect to the Services described in that quote.

2.4. Subject to clause 2.4, Bayberry English will issue a Quote after receiving from a client a request for translation or interpretation services made in accordance with the procedures stated on the Website.

2.5. The word count of the translation WILL change because of the nature of the different languages, but this WILL NOT change the price of your document. Billing will be based on the word count of the original document.

2.6. Bayberry English reserves the right to decline to issue a Quote or to provide any translation or check services if the Source Materials contain any material which Bayberry English at its discretion considers to be offensive, obscene, contrary to any law or otherwise considered by Bayberry English to be inappropriate, without any obligation on the part of Bayberry English to review the Source Materials for appropriateness, legality or otherwise.

2.7. Bayberry English reserves the right to decline teaching services to clients based on the schedulable times of our instructors.

2.8. Once a client has scheduled a class or classes with an instructor and made a payment, either party can cancel the class up to 24 hours before the class is scheduled, in which case a full refund will be awarded. No refunds are available for classes canceled within 24 hours, but the class may be rescheduled if the cancellation is due to circumstances beyond the client’s control. All scheduled times are subject to a 15 minute rule. If the client is more than 15 minutes late, the class is automatically cancelled with no refund. If the instructor is more than 15 minutes late, a full refund or reschedule will be awarded. Any lateness by the instructor or time lost due to technical difficulties will be made up at the end of the session, or in another session, to be agreed upon by the client and the instructor.

3.1. Upon receipt of all applicable amounts due from the Client, Bayberry English will provide the Services specified in the Accepted Quote and in accordance with Bayberry English’s standard practices and procedures, including the practices and procedures as described on the Website at the time the Quote was issued to the Client.

3.2. Bayberry English has no responsibility to review the quality of the Source Materials for typographical or any other errors and has no liability to identify or correct any errors or omissions contained in any Source Materials regardless of the nature of such errors or omissions and regardless of the impact that such errors or omissions may have on the quality of the Deliverables.

3.3. Bayberry English will issue the Deliverables to the Client in accordance with Bayberry English’s standard practices and procedures applicable at the time or as otherwise specified in the Quote. Bayberry English will apply all reasonable endeavors to issue the Deliverables on or before the agreed delivery date/time, or where no specific delivery date/ time is agreed, within a reasonable time following receipt of the Accepted Quote, but Bayberry English accepts no liability for any losses, financial or otherwise caused by a delay in meeting the applicable timing other than issuing a refund when appropriate.

4.1. Payment for the translation is due before translation can begin. If Bayberry English. fails to translate your document, your payment will be completely refunded.

4.2. Payment should be processed via Credit Card or Check within net 30 days prior to the agreed upon delivery date.

4.3. There will be a 5% per month late fee added to the final price for each week that the invoice is not paid after 30 days.

4.4. After execution of the translation has begun, the purchaser may not cancel the agreement.

4.5. If the purchaser is not satisfied, the purchaser may contact customer support to express any concerns. Refunds due to such concerns are at the discretion of Bayberry English.

4.6. Translation will be executed and charged at the fees and time periods listed on the website. If Bayberry English fails to complete the translation within the expressed time period, a refund of 5% of the agreed upon fee per day over the time limit will be awarded to the purchaser.

5.1. Nothing in this Contract transfers to Bayberry English., ownership of any Intellectual Property in the Source Materials or the Deliverables.

5.2. All Intellectual Property in the processes, methodology, and know-how used by Bayberry English in its performance of a Contract are and will remain the property of Bayberry English. Nothing in any Contract transfers to the Client any of Bayberry English’s Intellectual Property.

6.1. The parties recognize and acknowledge the confidential nature of the Confidential Information.

6.2. Neither party may disclose any Confidential Information other than:

6.3. (a) to its directors, employees, contractors or subcontractors to the extent necessary in the performance of the Contract;

6.4. (b) with the express prior written consent of the other party; or

6.5. (c) to its professional advisers.

7.1. This Agreement shall enter into force with immediate effect and shall be valid until the complete fulfillment of contractual obligations.

7.2. Entire agreement: Each Contract constitutes the complete and exclusive statement of the agreement between the parties, superseding all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of that Contract.

7.3. Amendments: Except as specifically provided, no amendment to a Contract will be effective unless it is in writing and signed by both parties.