1. Interpretation
 1.1. References to "documents", "records", "books" and "data" shall include information contained in computer programs, disks, records or any other machine readable form or records kept other than in a legible form, but capable of being produced into a legible form.
 1.2. The word "including" shall be understood to mean "including without limitation" and the word "includes" shall be understood to mean "includes without limitation".
 1.3. "Confidential Information" means information (in any form) which is confidential either to you or to me and which either you disclose to me or I disclose to you in connection with the Services.
 1.4. "Intellectual Property Rights" means any rights in or to any patent, copyright, database right, registered design, design right, utility model, trade mark, brand name, service mark, trade name, business name, chip topography right, know how or Confidential Information, Translation Memory and any other rights in respect of any other industrial or intellectual property, whether capable of being registered or not and including all rights to apply for any such rights.
 1.5. "Order" means an order for the Services provided by you from time to time.
 1.6. "Original Works" means the documents, files, materials and works provided by you for the purposes of carrying out the Services.
 1.7. "Services" means translation services performed by me for you.
 1.8. "Translated Works" means the documents, files, materials and works translated and produced from the Original Works in accordance with your instructions and provided to you by me.
 1.9. "I, me, my" means freelance translator Oleksandr Volyk.
 1.10. "You, your" means the company, firm, body or person to whom I am supplying the Services and / or the Work Products.
 1.11. "Work Products" means all the products and/or Services supplied by me.
 1.12. "Contract" means the contract between the customer and me, and consisting of the purchase order from the customer and these Terms and Conditions.
 

2. General

2.1. These Terms and Conditions apply to all Services provided to you unless otherwise agreed between the parties in writing (your NDA, Contractor Agreement, etc.).
 

3. My Responsibility and Liability

3.1. The Services shall be carried out using reasonable skill and care in accordance with the standards of the industry.
 3.2. I do not warrant that the Translated Works will meet your specific requirements and, unless otherwise agreed, I do not warrant that the operation of any Translated Works sent to you will be uninterrupted or error free.
 3.3. You acknowledge that any Original Works and Translated Works submitted by and to you over the Internet cannot be guaranteed to be free from the risk of interception, even if transmitted in encrypted form, and that I have no liability for the loss, corruption or interception of any Original Works or Translated Works.
 3.4. I shall not be liable for loss of profits, business, contracts, revenue, damage to your reputation or goodwill, anticipated savings, and or any other indirect or consequential loss or damage whatsoever.
 3.5. My entire liability to you under any Contract, including but not limited to in respect of the Services and the Translated Works, shall not exceed the price payable to me by you under the Contract to which any claim relates.
 3.6. You must notify me within 30 days of delivery of the Translated Works of any claim arising out of the provision of the Services and /or the Translated Works, together with full details of such Claim. In any event, I shall not be liable to you if you fail to notify me of any Claim within a reasonable time of delivery of the Translated Works.
 3.7. You must notify me within 30 days of delivery of the Translated Works of any alleged inaccuracies in the Translated Works, at which point my liability will be no more than to rectify any such alleged inaccuracies, that I feel to be justified, to our satisfaction.
 

4. Intellectual Property

4.1. All Intellectual Property Rights (including, but not limited to copyright) in the Original Works and the Translated Works shall vest in you (or your licensors) but, for the avoidance of doubt, you hereby grant to me a license to store and use the Original Works and the Translated Works for the duration of the Contract and for the purposes of providing the Services to you.
 

5. Termination

5.1. If you subsequently cancel, reduce in scope or frustrate (by an act or omission on your part, or any third party relied upon by you) the Contract, the full price for the Contract shall remain payable unless otherwise agreed in advance. Any Original Works provided to me, and Translated Works completed by me, under the Contract shall be made available to you on termination of the Contract.
 

6. Miscellaneous

6.1. Neither party shall be liable to the other for any delay in, or failure of, performance of its obligations under the Contract arising from any cause beyond its reasonable control including act of God, government act, war, fire, flood, explosion or civil commotion.
 6.2. Any notice or other communication to be given under these conditions must be in writing and may be delivered or sent by prepaid first class letter post, facsimile transmission or e-mail. Any notice or document shall be deemed served: if delivered, at the time of delivery; if posted, 48 hours after posting; and if sent by facsimile transmission or e-mail, at the time of transmission.
 6.3. If any provision of these Terms and Conditions is or becomes invalid or unenforceable it will be severed from the rest of the Terms and Conditions so that it is ineffective to the extent that it is invalid or unenforceable and no other provisions of the Terms and Conditions shall be rendered invalid, unenforceable or be otherwise effected.