Terms and Conditions

Lingua Genesis Ltd

Company Status and Liability

1a)  All individuals, parties and / or organizations that associate with or receive services from Lingua Genesis Ltd will be deemed to agree to the following terms and conditions of this contract after they have been brought to their attention in writing via any means of written communication and, if necessary, with the requirement of a signature and a written and dated confirmation.  Any objection to or queries in relation to the same must be received in writing within four weeks starting from the date on which the client was made aware of them or their most recent amendments.      

1b) Lingua Genesis Ltd, referred here on occasions as 'the company', and / or any of the persons or organizations who associate or receive services from Lingua Genesis Ltd, either now or in the future, is obliged to inform any associating third parties, as soon as possible, of any relevant changes to the following terms and conditions on or after 1 December 2009.  These will be channelled from the managing director of Lingua Genesis Ltd. 

1c)  Lingua Genesis Ltd is currently recognised as a trading limited company (as of 11 November 2008), with presently only one share holder.  The managing director of the same, Carl Dundas, is deemed to be the sole individual with that share and he is at liberty to inform anyone of and execute the llimitations of the legal and administrative functions of Lingua Genesis Ltd through any form of communication.  He is also partly responsible, along with his appointed accountant, to oversee the finances of the company. 

1d)  The managing director is also recognised as the company secretary of Lingua Genesis Ltd and a sole chief executive officer of responsibilities pertaining to the finances and limitations of legal executive powers of the company and its regulations.  Lingua Genesis Ltd currently appoints no solicitor or other legal representation until further notice, but entrusts an accountancy firm, 'Hart, Moss Doyle Ltd', to act as a representative of Lingua Genesis Ltd to HM Revenue and Customs and Companies House.   

1e)  Lingua Genesis Ltd is responsible for the collation of as much accurate information as possible which leads up to the production of information relating to its accounts.  The company, its accountant, Companies House and HMRC are expected to advise and act, whenever requested, in the most professional capacity, in relation to tax payments, claims, stoppages, returns and / or any other related business.

1f) The company, which herein refers only to Lingua Genesis Ltd, is granted the right to trade under any business standing capacity until any point in time at which it might decide to refrain from trading for a time or liquidate entirely. 

Provision and Organisation of Services

2a) The services and activities provided by Lingua Genesis Ltd include teaching, translation, interpretation, recruitment for development of the company, invigilation work, online advertising and promotion, and may include the sale of its own independent learning products, the copyright priveleges for and appropiate evidence of property of which rest with the company.  Any other services which may be offered by the company in the future will appear under the terms and conditions starting from the date on which they are first made available to the public.   

2b)  Anyone who expresses, either by e-mail or telephone, an initial interest in organising tuition, or any other service, through Lingua Genesis Ltd will have a maximum of three weeks after the company has responded to their preliminary enquiry to finalise necessary arrangements.  If a potential client falls silent during this time and no communication is received by the company, the latter will not follow up the enquiry.

2c)  Clients and associates of Lingua Genesis Ltd must sign to consent to the revised terms and conditions of the company, as these enter into force on 1 January 2011.  All existing clients must sign the necessary documentation by Monday, 31 January 2011 and any new clients from 1 January 2011 should consent to the same prior to being granted a first lesson.    

2e) Any individual who seeks directly the services of Lingua Genesis Ltd for himself or herself, from either the managing director or any one of a number of associating tutors, is obliged to pay any agreed fee, whether hourly or otherwise, for any service provided.  Also, any individual who makes direct contact with Lingua Genesis Ltd and who receives a service provided directly or arranged by the company is regarded as a client of the same.  If an individual has previously sought the services of a third party language school or other third party organisation and Lingua Genesis Ltd was able to benefit financially from any such arrangement, then the individual will only ever remain a client of the third party organisation for the period for which tuition or other service assignment was arranged, or until he or she decides to sign and date a form of approval issued by Lingua Genesis Ltd to become a client of Lingua Genesis Ltd.

2f) The rate of tuition, if organised directly between a tutee and Lingua Genesis Ltd, stands at an absolute minimum of £15 per person if the tuition is for no more than one hour, unless an additional offer is made by the tutee to cover for travel expenses, although no such demand will be made by the company.  The rate which is charged for one-to-one tuition after one hour may vary in accordance with commitments, travel time and financial circumstances.  All clients must agree in writing to any fees which will be charged for any service (includes translation) and they will also be notified and be required to agree, in any way, to any increase in a fee for any service provided.

2g) Where groups of two people are concerned, the hourly rate for tuition will also remain at a total of no less than £15 per hour, however, it will increase in that instance to at least £25 per 90-minute session and to at least £30 per two-hour session.

2h)  In groups of three or more people, the minimum rates will be at least equal to the same fees as mentioned in (2d).

2i) As regards tuition or other work provided to Lingua Genesis by a third party agency or third party institutional provider of education or recruitment agency which does not receive the tuition itself, but organises it for other people, to be carried out the managing director of Lingua Genesis Ltd, there must be a contract or similar documentation issued by the latter and signed by Lingua Genesis Ltd, as long as it stipulates all relevant terms and conditions.  These may include the hourly rate of pay, any health and safety regulations, as well as the duration and requirements of a teaching course or translation assignment.  In such an instance, any number of the terms and conditions set out by third party contractual agreements prevail over those set out by Lingua Genesis Ltd.  Where there is an absent mention of any particular term or condition within such a contract, then the terms and conditions which are stated by Lingua Genesis Ltd will be imposed on the client instead.  Any failure by anyone to comply with the terms and conditions of Lingua Genesis Ltd in this instance will result in a violation of the same and the company will expel the client or third party organisation from receiving future services.  It will also be at liberty, where necessary, to initiate legal proceedings against an offending client.

2j)  Any contract in relation to requests for translation work, passed on directly or indirectly by clients to Lingua Genesis Ltd, must be produced in writing, however formal or informal, and may feature information relating to document length, the name of the requesting client or business, deadline for submission and conditions of payment.  The deadline for payment of translation assignments is no more than 30 days from the date on which the invoice or other request for payment was sent.  Otherwise, the same terms and conditions of late payment as set out in (2h) will apply.  When trying to sort out the provision of a service, it may be best to contact the company by telephone on 07533 851797, so as to ensure a quickly finalised arrangement.

2k)  If a translation assignment is organised by a third party organisation, then its terms and conditions are only valid upon an agreement to them by a signature or written confirmation by the managing director of Lingua Genesis Ltd.  Any terms and conditions which are not stipulated by the third party individual or organization enable those determined by Lingua Genesis Ltd to apply.  These would include the conditions of contract and payment as set out in 2g and 2h.  When trying to sort out the provision of a service, it may be best to contact the company by telephone on 07533 851797, so as to ensure a quickly finalised arrangement.

2l) Any claim by a client or organization that no monies are owed to Lingua Genesis Ltd for tuition, translation work or any other service should only ever be contested if there is any evidence to suggest that a service was not provided or at least carried out in an insufficient manner.  Any third party who is more than one lesson in debt to Lingua Genesis Ltd may be provided with a bill or invoice of outstanding payment, after which time the only proof of payment shall be evidenced by a date and signature from both the client and the managing director (or an authorised representative).  For anyone who opts to pay for a lesson on the day on which it takes place, if that person is unable, for whatever reason, to tender the amount which is owed for a particular lesson, it must be paid no later than on the date of the next scheduled session.  A client will only be granted a lesson if he or she is in debt for no more than one lesson which has already been had.  Lingua Genesis Ltd reserves itself the right to record conversations or proceedings which could serve as evidence in the face of any possible denial by a client to owe payment or a refusal by the same to provide a signature that confirms when any monies are no longer outstanding. 

2m)  In any instance where Lingua Genesis Ltd pays for a service undertaken by a third party, a contract will define the scope and extent of liability of both parties within such business dealings and these are expected to be fulfilled accordingly.  Contractual agreements are to be sealed with a date and signature provided by the client and the managing director (or an authorised representative).  However, if there is any evidence to suggest that any agreement of work as set out by a contract has not been completed in a satisfactory manner by the client, Lingua Genesis Ltd shall have the prerogative to decide how much of the final fee is should pay.  Any disagreements in relation to the same may have to be settled in a court of law.

2n)  Anyone will be entitled to purchase any number of the independent learning products from our online shop, each being the creation and property of Lingua Genesis Ltd.  These may also be available for purchase on eBay at a reduced cost.

Payment Methods and Regulations

3g)  The invoice deadline for payments for tuition and all other services is no more than 30 days from the date of the provision of the work for paying individual clients and third party providers of work (applies only to those without a payroll department) who provide the same to Lingua Genesis Ltd.  The deadline for payments for services is no more than 45 days from an invoice deadline if the work is organised by or provided to any institution or agency with a payroll department only.  Where necessary, demands for payment may be sent as an invoice, e-mail communication or word-processed letter, and in these cases the deadline for payment will always be included as a reminder.  However, as most clients pay on the same day or at the end of the month for services received, the issuing of an invoice may not always be necessary. 

3h)  Any late payments after imposed deadlines for services rendered are charged at a cumulative (compound) rate of 1.5% per day of the owed amount per day for a period of 21 days thereafter.  If payment is not received within 21 days from the date on which the original invoice was sent and no pardonable excuse is received, then the non-paying client must tender the owed amount, plus any interest.  If he or she should refuse to do so, legal proceedings will be undertaken by the managing director of Lingua Genesis Ltd, as a litigant in person, to recover the amount, in addition to any interest and loss of earnings resulting from attendance in court, as granted by the civil court services only.

3i)  As of 1 January 2011, any increase in lesson fees will not come into force until at least 15 months after the date on which a client’s first lesson takes place or the last date on which a client’s hourly fee for a lesson was increased.  There will, however, be an increase if the learner should wish to extend the length of a regular session or learn alongside a friend, acquaintance, family member of other persons.  It may fluctuate if he or she moves to an address which leads to the incurrence of more or fewer travel expenses.  The ruling on the increase of lesson fees will only apply to tutees who are learning on a one-to-one or small group basis and whose tuition fees are not being paid by an agency or business which employs that person.

3j)  Clients will be informed by e-mail of any increase to the hourly fee of a lesson or other service.

3k)  If the terms and conditions of payment cannot be adhered to by a client for whatever reason, these must be communicated to the managing director in writing for his personal consideration.

Tuition Arrangements and Cancellation Policy  

4a) All individual tutees who seek directly or on behalf of an acquaintance or employee any service from Lingua Genesis Ltd are responsible for arranging their lessons with the managing director of the company (or an associate tutor contacted by the company and sought for such an arrangement) on a date and at a time which is mutually convenient to both parties, either on a weekly, fortnightly, regular, or other basis.  Lingua Genesis Ltd assumes that the length of time of tuition requested by the client for a regularly occurring lesson will apply at all times, unless the client expresses a wish to extend or cut short this period on a one-off, short-term or long-term occasion.  However, if this change of preference is expressed with between 24 and 48 hours of notice before a lesson is due to take place (these can only be accepted via text message), there will be a charge which equates to the 50% of the amount owed for the pre-arranged lesson.  If the notice is less than 24 hours, 100% of the amount owed for the pre-arranged lesson is owed.  Therefore, clients must be aware at all times of how much tuition a tutor expects to provide to them on any particular occasion.

4b)  If a regular lesson slot has been agreed on whatever frequency basis, it is considered by Lingua Genesis Ltd as an arranged lesson, unless it is cancelled in advance.  The cancellation of multiple or consecutive lessons is only valid if the tutor is informed by the tutee of his or her absence on any such dates.  In any case, a notified absence is exempt from a full charge, apart from when it is announced with less than 48 hours, but more than 24 hours from the start time of a pre-arranged or regularly occurring lesson.  In this instance, a payment which is the same as half of the amount which would have been owed for the session is applicable.  If notice is given with less than 24 hours before the start time of a pre-arranged session, then the corresponding full amount will be required.

4c)  If a lesson which is part of a regularly occurring session is cancelled, then any lesson thereafter is considered not to have been cancelled, unless a cancellation notice is received by the tutor and after the last cancelled session.  Anyone who attempts to justify the cancellation of multiple sessions by any other means will be charged in full, e.g. through no-shows or on-the-door cancellations, and the managing director or associating tutor must decide whether future tuition shall be provided to that client.   

4d)  On-the-door cancellations, i.e. ones where is a lesson is cancelled, with no advanced warning, by the tutee, or a relative or acquaintance of the same, at the venue at which it is due to be held and thus cannot take place at a scheduled start time, will be subject to a charge which equates to 100% of the cost of the pre-arranged session.  No rearrangement will be possible in this instance.

4f)  Should there be a cancellation, for whatever reason, with between 24 and 48 hours of notice prior to the date and time of a pre-arranged or regularly occurring lesson, there will be a charge which equates to 50% of the total cost which would have otherwise been tendered for the session in question, unless the managing director is able to consider that there was an attempt to cancel the lesson, as appropriate, even if the cancellation notice was not received.  In this case, students will be relieved of a fee payment.  Where the notice given is less than 24 hours, a full charge equating to what would have been owed for the pre-arranged session must be tendered. 

4g)  Where a client has cancelled a lesson with less than 48 hours notice before its scheduled start time, he or she will be charged the equivalent of 50% of the cost of the lesson.  If it is cancelled with less than 24 hours of notice, a full charge will be required.  These rulings primarily respond to the fact that numerous reasons for cancellations, which may be used honestly or otherwise, merit varying degrees of understanding towards the client, while a loss of income is likely to arise owing to the difficulty in being able to organise for a slot to be taken by someone else.  As a means of lessening the harshness of these rulings, however, for a maximum of three lessons per calendar year that are cancelled by a client with less than 48 hours of notice prior to a pre-arranged session, Lingua Genesis Ltd shall grant any one client a rearrangement, to avoid any charge being levied on any such cancellations.  A rearrangement request must be initiated by the client and occur within four weeks of the cancellation (it will otherwise be forfeited) and may take place at any time, either as a separate lesson or as an extension to a regularly occurring session.  Records shall be taken of cancellation dates and times and also any rearrangements which have taken place.

4h)  Cancellations made with more than 48 hours of notice prior to a pre-arranged session will not be charged and, while no rearrangement will be necessary, the client may endeavour to organise a rearrangement, if this is possible.  However, it will not count towards the three rearrangements available to any client in any calendar year. 

4j)  Where a cancellation is made with more than 24 hours, but less than 48 hours of notice by at least one member who is tutored in a group of two or more persons and the session is annulled for everyone, 50% of the fee corresponding to the duration of such a pre-arranged or regularly occurring lesson for the maximum number of attendees remains in force.  Where any one person confirms their non-attendance to a group lesson on any day, the company will understand, unless it is otherwise clarified, that the lesson will go ahead for the remaining attendees.  A charge equating to 100% of the fee for a prearranged lesson will apply if the lesson is cancelled with less than 24 hours of notice. 

4l)  A rearranged session only becomes valid when the client has confirmed that the managing director or any associating member of Lingua Genesis Ltd is willing and available to teach in accordance with the preferences expressed by the client in relation to any such rearrangement.  In some cases, a letter of appointment will be issued to the client or associating tutee as evidence of a particular arrangement.  This ruling will usually apply to assignments arranged with or through businesses and / or agencies.   

4m) Any regular tutoring or a contract relating to the provision of tuition carried out by the managing director or associate tutor of Lingua Genesis Ltd over a defined or undefined, but regularly occurring period agreed by the client receiving the tuition, or a third party individual, department or company which organises, but does not directly receive the tuition, may be cancelled at any time.  However, this must be done so in writing.   

4n) Any individual who is an employee of a company and receives lessons paid by any company at agreed periods and who later seeks to refrain from regular tuition without a direct / indirect explanation or notification in writing to Lingua Genesis Ltd, either received from the tutored individual or from any third party or departmental head responsible for organising such tuition, especially a person who responds to a recognition of linguistic needs for business dealings, during a three-week period following a series of either late cancellations or no shows, is deemed to abuse the professional standing of Lingua Genesis Ltd.  Any individual who refrains from tuition in this manner over a period of three consecutive weeks shall be notified and suspended indefinitely from further tuition.  A total charge of £50 shall be imposed accordingly, either to the client or his / her paying organization, for the inconvenience and be owed by the company or the individual no later than 21 days after the end of the third-week period in question.  A cumulative (compound) rate of interest at 1.5% per day will be imposed thereafter for a period of 21 days, after which time any failure to tender payment will result in the civil court services being consulted and the owed amount, plus any interest, being recovered on the basis of their own terms and conditions.

4o)  Anyone who leads either the managing director or an associate of Lingua Genesis Ltd, either directly or otherwise, to believe that he or she will resume tuition, organised through the company or third party organisation, after announcing a short- or long-term cancellation of a specified or unspecified length of time, and who does not contact the company in due course, will be suspended from tuition and any outstanding payments for tuition must be received by an imposed deadline.  Otherwise, the terms and conditions set out for late payments will apply.    

4p)  Lingua Genesis Ltd reserves itself the right, even without notification, to refrain from tutoring or lending any other services to its own clients or those affiliated with third parties who cancel frequently, fail to commit regularly to arrangements for lessons, or who aim to manipulate any of the terms and conditions of this contract.     

4q)  Payments resulting from late cancellations or those which are not tendered in exchange for services provided by Lingua Genesis Ltd (these include fines) are still classed as earnings and will be declared on account, but without accompanying mileage statistics.

4r)  If a client makes any false assumption that Lingua Genesis Ltd does not lend any services on a bank holiday and cancels on this assumption with less than 48 hours of notice prior to the session taking place, there will be a charge which equates to at least 50% of what would have otherwise been owed for the duration of the pre-arranged.  Lingua Genesis Ltd will provide tuition and other related services on any day of the year, unless it is the first to express that it is closed for service on any particular day.    

4s)  A late notice cancellation charge will not usually apply if bad weather, such as snow, prevents journeys to clients’ homes from taking place.  However, Lingua Genesis Ltd, as a mobile provider of tuition, will issue any relevant notification by e-mail that it will be closed for business in such an instance. 

Rights and Liability of Associating Tutors and Education Providers

5a)  Any third party individual who is given the opportunity to tutor someone who has contacted Lingua Genesis Ltd to receive language tuition is not deemed to be an employee of the company, however, they are required, where necessary, to abide by any applicable number of these terms and conditions, particularly where the payment of commission for the organization of tuition is concerned.

5b)  Lingua Genesis Ltd will only pass on the contact details of a third party tutor or education provider to a client who has requested tuition from the company with permission from the same.

5c)  Other associate tutors who receive assignments resulting from a client enquiry to Lingua Genesis Ltd and organized by the company are free to stipulate their own rates, if they prefer, however, an amount of commission, as agreed in writing, will be taken by the company for each hour of work provided by the associating tutor and declared on the company accounts.  However, the commission shall be reduced by the same amount for every hour of work which a third party tutor or organization brings to the managing director of Lingua Genesis Ltd. 

5d)  Associate tutors will often be appointed to undertake tuition assignments in areas of the local community or across the United Kingdom which are not easily accessible by the managing director of Lingua Genesis Ltd or in any instance where he is not available to teach the enquiring party.

5e)  Third party associating tutors and organizations are responsible for declaring their own earnings and these will never appear on the accounts of Lingua Genesis Ltd.

5f)  Commission will often be due on the final day of each calendar month, unless this falls on Sunday, in which case it will be due no later than Friday of the following week.  Agreements can be made, however, between an associating tutor and the managing director of Lingua Genesis Ltd to pay commission when it accumulates to a certain amount, e.g. £10 or £20 or more.

5g)  Any further custom in the form of tuition work which is gained by a third party tutor, as a result of word of mouth from a client who had originally contacted Lingua Genesis Ltd to receive tuition or other services for themselves, does not entitle Lingua Genesis Ltd to any extra commission.  Similarly, if a third party organization, such as a language school, education provider or recruitment agency receives a tutee for one of its own clients and appoints the managing director or an associate tutor of Lingua Genesis Ltd, without previously having collaborated with the company, no commission can be made payable to the company.  Similarly, Lingua Genesis Ltd cannot guarantee being able to receive regular commission, other than perhaps a one-off payment, from a non-collaborating third party tutor, recruiter or education provider, if it recommends one of its own associating tutors to perform a requested tuition assignment.

5h)  If any person taught by a third party tutor under any arrangement by Lingua Genesis Ltd wishes to receive a period of tuition which is longer than the amount of time which was originally requested at the time of enquiry, the associating tutor must act honestly and declare this change of preference to the company, so that additional commission can be charged.

5i)  Where there is any disagreement between a paying client and an associate tutor over monies owed, it will be necessary for one or both parties to supply evidence relating to this inconsistency.  If no evidence can be provided which favours either the customer or the tutor, the managing director will be automatically more inclined to favour the integrity of the latter, but cannot guarantee that any monies will ultimately be owed.  Any associating party is at liberty to undertake legal proceedings against a client, in which case Lingua Genesis Ltd would be willing to lend its support and protect the tutor through its terms and conditions support mechanism.   

5j)  Any associate teacher or client of Lingua Genesis Ltd who is suspected of breaking or found to have violated the terms of conditions of this contract, with malintent, may be reported to a prosecuting authority, but will be at least dissolved from any further association with the company. 

Rights and Liabilities of Associating Translators, Interpreters and Proof-Readers 

Liability of Clients who seek the Above  

6a)  Any third party translator, interpreter or proof-reader, whether an individual or a company, who is given the opportunity to complete a translation or proof-reading assignment as requested by a client who has contacted Lingua Genesis Ltd to receive such a service, is not deemed to be an employee of the company, however, they are required, where necessary, to abide by any applicable number of these terms and conditions, particularly where the payment of commission for the organization of translation work or interpretation assignment is concerned.

6b)  For its own protection, Lingua Genesis Ltd will never pass on the contact details of a client to a third party translator, interpreter or proof-reader, following a request for a relevant assignment from the company.

6c)  Associating translators, interpreters and proof-readers who receive assignments resulting from a client enquiry to Lingua Genesis Ltd and which is organized by the company are free to stipulate their own rates, including fees for postage and other expenses, and may charge either per word or per assignment, if they prefer.  However, an amount of commission, as agreed in writing, will be taken by Lingua Genesis Ltd from the associating individual or company for any assignment that is completed by the associating professional and then declared on the company accounts.  On the other hand, however, commission will be made payable by Lingua Genesis Ltd to an associating translator or proof-reader per assignment which the latter brings to the managing director of the company.

6d)  Associating translators, interpreters and proof-readers may be appointed to undertake appropriate assignments which originate from areas of their local community or across the whole of the United Kingdom, or even beyond. 

6e)  Third party associating translators, interpreters and proof-readers, including both individuals and organizations, are responsible for declaring their own earnings.  These will not feature on the accounts of Lingua Genesis Ltd.

6f)  Commission will often be due no later than 21 days after the day on which a translation or similar assignment was completed and submitted to the enquiring client.   

6g)  Any further custom in the form of translation / interpretation work or proof-reading assignments which is gained by a third party tutor, as a result of word of mouth from a client who had originally contacted Lingua Genesis Ltd to receive any such assignment, does not entitle Lingua Genesis Ltd to any extra commission.  Similarly, if a third party organization, such as a language school, education provider or recruitment agency receives a request by one of its own clients and appoints the managing director or an associate tutor of Lingua Genesis Ltd to undertake any such assignment, without previously having collaborated with the company, no commission can be made payable to the company.  Similarly, Lingua Genesis Ltd cannot guarantee being able to receive regular commission, other than perhaps a one-off payment, from a non-collaborating third party translator or proof-reader, or recruiter of such work, if it recommends one of its own associating translators to perform a requested translation, interpreting or proof-reading assignment.

6h)  Associating proof-readers, interpreters and translators will only receive payment per assignment on the conditions that they declare they will be able to make themselves available to carry out any such work and complete it by a deadline which is ultimately agreed between the client, the managing director of Lingua Genesis Ltd and the associating translator, interpreter or proof-reader.  This must be confirmed in writing and can never be reneged by any of the committing parties.  The managing director is responsible for drawing up an appropriate contract, by the terms of which all concerned parties are bound, before the work is completed by the associating translator, interpreter or proof-reader and returned to the managing director of Lingua Genesis Ltd.  Where an assignment is not completed by the set deadline after an initial agreement to meet that deadline, it will be up to the discretion of the managing director to agree with the client and associate a part payment for the work covered so far, especially if there is reason to believe that circumstances made the completion of the same by a certain date and time an impossibility.  The managing director shall then send the finished product directly to the enquiring client prior to drawing up an invoice for payment.  Any payable commission to Lingua Genesis Ltd will be taken from this fee and the remaining amount will be paid to the associating translator, interpreter or proof-reader. 

6i)  Payments for translation, interpreting or proof-reading work are owed by the client no later than the date shown on the relevant invoice and must be tendered accordingly.  Late payments will be charged at a rate of 1.5% cumulative (compound) interest per day for a period of 21 days after the invoice deadline, after which time any failure to tender payment will result in the civil court services being consulted and the owed amount, plus any interest, being recovered on the basis of their own terms and conditions.

6j)  Should anyone who carries out a piece of translation, interpreting or proof-reading work under Lingua Genesis Ltd not be able to meet a deadline, the managing director should be notified in good time and the person or organisation who issued the original documentation must be informed of this decision at the earliest opportunity.  In this event, the client may issue a written confirmation to cancel the appointment, with a part or non-payment to the associating translator or proof-reader, or to agree upon a reduced fee for the work, if it may be handed in at a later date.

6k)  Should anyone who requests a piece of translation, interpretation or proof-reading work to be undertaken on behalf of Lingua Genesis Ltd need to cancel an assignment, the managing director should be notified as soon as possible and the associating translator or proof-reader commissioned with the assignment should be informed of this decision at the earliest opportunity.  In this event, the associating translator or proof-reader of Lingua Genesis Ltd may issue a written request which entitles them to a part or full payment for work carried out between the time when the contract was issued and later annulled.

6l)  If there is any disagreement between a paying client and an associate translator or proof-reader over monies owed, it will be necessary for one or both parties to supply evidence relating to this discrepancy.  Where no evidence can be provided which favours either the customer ,or the translator, interpreter or proof-reader, the managing director will be more inclined to favour the integrity of the associating professional, but cannot guarantee that any monies will ultimately be owed.  Any such associate is at liberty to undertake legal proceedings against a client, in which case Lingua Genesis Ltd may be willing to lend its support under the support mechanism of its terms and conditions.

6n)  Any associating translator, interpreter or proof-reader of Lingua Genesis Ltd who is suspected of breaking or found to have violated the terms of conditions of this contract, with malintent, may be reported to a prosecuting authority, but will be at least dissolved from any further association with the company. 

Health, Safety and Security

7a)  Any person or organisation who is found to have intentionally infringed the disclaimer which accompanies all e-mail messages sent from the Lingua Genesis Ltd business account, as a means of tarnishing the reputation of the company or for any other unacceptable reason, may be reported to the police and legal action could be taken accordingly.

7b)  Any form of discrimination, libel, rumours or lies which seeks to undermine or destroy the reputation of Lingua Genesis Ltd or any of its associates constitutes a criminal offence and will be dealt with appropriately.

7c)  Anyone who seeks tuition, or intepreting, proof-reading or translation work from Lingua Genesis Ltd is required to treat the company and its associating members with due respect.  We also accept that such respect is to be reciprocated.   As such, the owner of premises on which tuition, translation work or proof-reading assignments are carried out is responsible for the health and safety of all persons working on such premises in a professional capacity.  These include the managing director of Lingua Genesis Ltd, as well as the clients and any associate of the company.   

7d)  Any client or associating tutor, interpreter, proof-reader or translator associating with Lingua Genesis Ltd who attempts or manages to steal property or the assets of a third party, deliberately injures or aims to threaten or endangers anyone associated with the company will be reported to a prosecuting authority and legal action may be initiated. 

Amendments or Additions to the Terms and Conditions

8a)  Lingua Genesis Ltd aims to include terms and conditions which fully apply to and aim to protect the provision of its services, as well as the fullest extent of the legal, financial and corporate rights and responsibilities of the company and its associates.  It does recognise, however, that certain rules may lack clarity or have not been covered and so it reserves itself the right to amend or add to any existing terms at any point now or in the future.  At the same time, any member of the public is at liberty to suggest amendments or additions to the terms and conditions.

8b)  Any suggestions for amendments or additions to the above terms and conditions by third parties must be received from the enquiring party before he or she can claim to be exempt from an action for which no term or condition is covered by this contract.  In this instance, an edition or additional feature to the existing terms and conditions shall be made to the site within 48 hours of the relevant enquiry being received and agreed to by the managing director.  All clients and associates will be notified accordingly within one week of any suggested amendment which becomes implemented.

8c) The conditions supplied herewith enter into force on 16th January 2010, at 12 pm, but only from the date on which a signature is obtained by a client will he or she be bound by them.   

Carl Dundas

Managing Director of Lingua Genesis Ltd

January 2011