Our terms

  1. These terms

    1. What these terms cover. These are the terms and conditions on which we provide certified translations of official documents to you.

    2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide certified translations to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

    3. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

      • You are an individual.

      • You are buying certified translations from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

    4. If you are a business customer, this is our entire agreement with you. If you are a business customer, these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.

  2. Information about us and how to contact us

    1. Who we are. We are Dialexy Limited, (company number SC465865) a company registered in Scotland. Our registered office and trading address is Argyle House, 3 Lady Lawson Street Floor L 8, Edinburgh, EH3 9DR, Scotland, UK. We operate the website https://www.dialexy.com/.

    2. How to contact us. You can contact us by phone by calling our customer service team at +44 (0) 7721 084 226, by email at info@dialexy.com or by post at the following address Dialexy Ltd, Argyle House, 3 Lady Lawson Street Floor L 8, Edinburgh, EH3 9DR, Scotland, UK.

    3. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

    4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

  3. Our contract with you

    1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

    2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price of the service or because we are unable to meet a delivery deadline.

    3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

  4. Our translation services

    1. Making sure your documents to be translated are accurate. As we are providing certified translations of documents you have given us, you are responsible for ensuring that these original documents are accurate and complete.

  5. Your rights to make changes

    If you wish to change the documents you wish to have translated, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the translation, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

  6. Providing the translation

    1. When we will provide the translation. During the order process we will let you know when we will provide the translation to you. We will begin the translation service on the date we accept your order. The estimated completion date for the translation service is as told to you during the order process.

    2. We are not responsible for delays outside our control. If our supply of the translation is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any services you have paid for but not received.

    3. When you own the translation. You own the language translation document once we have received payment in full and delivered the translation to you. However, all intellectual property rights in the translation or arising out of or in connection with the provision of the translation services will be owned by us.

    4. What will happen if you do not give required information to us. We may need certain information from you so that we can supply our translation services to you. If so, this will have been stated in the description of the services on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying a translation late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

    5. Reasons we may suspend the supply of our translation services to you. We may have to suspend the supply of our translation services to deal with technical problems or make minor technical changes or to reflect changes in relevant laws and regulatory requirements.

    6. Your rights if we suspend the supply of our translation services. We will contact you in advance to tell you we will be suspending the supply of our translation services, unless the problem is urgent or an emergency. You may contact us to end the contract for a translation if we suspend our translation services, or tell you we are going to suspend them, in each case for a period of more than seven (7) days and we will refund any sums you have paid in advance for the translation.

    7. We may also suspend supply of our translation services if you do not pay. If you do not pay us for the translation when you are supposed to (see clause 13.4) and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the translation until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the translation. As well as suspending the supply of the translation we can also charge you interest on your overdue payments (see clause 13.6).

  7. Your rights to end the contract

    1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:

      1. If the translation you have bought is defective, you may have a legal right to end the contract (or to get the translation re-performed or to get some or all of your money back), see clause 11 if you are a consumer and clause 12 if you are a business;

      2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;

      3. If you are a consumer and have just changed your mind about the service, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;

      4. In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 7.6.

    2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below, the contract will end immediately, and we will refund you in full for any translation services which have not been provided and you may also be entitled to compensation. The reasons are:

      1. we have told you about an error in the price of the translation you have ordered, and you do not wish to proceed;

      2. there is a risk that supply of the translation may be significantly delayed because of events outside our control;

      3. we have suspended supply of the translation for technical reasons, or notify you we are going to suspend our translation services for technical reasons, in each case for a period of more than seven (7) days; or

      4. you have a legal right to end the contract because of something we have done wrong.

    3. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer, then for most services bought online you have a legal right to change your mind within fourteen (14) days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

    4. When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of our translation services once these have been completed, even if the cancellation period is still running.

    5. How long do consumers have to change their minds? If you are a consumer, you have fourteen (14) days after the day we email you to confirm we accept your order. However, once we have completed our translation services you cannot change your mind, even if the period is still running. If you cancel after we have started our translation services, you must pay us for the translation services provided up until the time you tell us that you have changed your mind.

    6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for our translation services is completed when we have finished providing the translation services and you have paid for them. If you want to end a contract before the translation services are completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for translation services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract

  8. How to end the contract with us (including if you are a consumer who has changed their mind)

    1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

      1. Phone or email. Call customer services on +44 (0) 7721 084 226 or email us at info@dialexy.com. Please provide your name, details of the order and, where available, your phone number and email address.

      2. Online. Complete the form located here on our website.

      3. By post. Print off this form and post it to us at the address on the form. Or simply write to us at that address, including details of what you ordered, when you ordered it and your name and address.

    2. How we will refund you. If you are entitled to a refund under these terms, we will refund you the price you paid for the translation by the method you used for payment. However, we may make deductions from the price, as described below.

    3. When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, then your refund will be made within fourteen (14) days of your telling us you have changed your mind.

  9. Our rights to end the contract

    1. We may end the contract if you break it. We may end the contract for a translation at any time by writing to you if:

      1. you do not make any payment to us when it is due, and you still do not make payment within seven (7) days of us reminding you that payment is due; or

      2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the translation.

    2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1, we will refund any money you have paid in advance for translation services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

  10. If there is a problem with your translation

    How to tell us about problems. If you have any questions or complaints about your translation, please contact us. You can telephone our customer service team at +44 (0) 7721 084 226 or write to us at info@dialexy.com or Dialexy Ltd, Argyle House, 3 Lady Lawson Street, Floor L 8, Edinburgh, EH3 9DR, Scotland, UK.

  11. Your rights in respect of defective translations if you are a consumer

    1. If you are a consumer, we are under a legal duty to supply translations that are in conformity with this contract. See below for a summary of your key legal rights in relation to our translation services. Nothing in these terms will affect your legal rights.

    2. Summary of your key legal rights

      This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

      The Consumer Rights Act 2015 says:

      1. If you haven't agreed a time beforehand, it must be carried out within a reasonable time.

      2. If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.

      3. You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill or get some money back if we can't fix it.

      See also clause 7.2.

  12. Your rights in respect of defective translations if you are a business

    1. If you are a business customer, we warrant that our translation services will be carried out with reasonable care and skill. If you give us notice in writing within a reasonable time of discovery that our translation services do not comply with the foregoing warranty, we shall, at our option, reperform the translation or refund the price of the translation in full. We will not be liable, however, for a failure to comply with the foregoing warranty if the defect arises as a result of us following any information supplied by you. Except as provided in this clause 12, we shall have no liability to you in respect of our failure to comply with the foregoing warranty. These terms shall apply to any replacement translation supplied by us.

  13. Price and payment

    1. Where to find the price for the translation. The price of the translation (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the translation advised to you is correct. However, please see clause 13.3 for what happens if we discover an error in the price of the translation you order.

    2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the translation, we will adjust the rate of VAT that you pay, unless you have already paid for the translation in full before the change in the rate of VAT takes effect.

    3. What happens if we got the price wrong? It is always possible that, despite our best efforts, the translation services we offer may be incorrectly priced. We will normally check prices before accepting your order so that, where the translation's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the translation's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.

    4. When you must pay and how you must pay. We accept online payments through PayPal as well as with the following debit or credit cards: Visa, MasterCard, American Express, Diners Club, JCB and Discover. You must pay the price of the translation services before we start providing them.

    5. Our right of set-off if you are a business customer. If you are a business customer, you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

    6. We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of three percent (3%) a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

    7. What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

  14. Our responsibility for loss or damage suffered by you if you are a consumer

    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation and for breach of your legal rights in relation to the translation services as summarised at clause 11.1.

    3. We are not liable for business losses. If you are a consumer, we only supply the translation services to you for domestic and private use. If you use the translation services for any commercial, business or re-sale purpose, our liability to you will be limited as set out in clause 15.

  15. Our responsibility for loss or damage suffered by you if you are a business

    1. Nothing in these terms shall limit or exclude our liability for:

      1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

      2. fraud or fraudulent misrepresentation;

      3. breach of the terms implied by section 11B of the Supply of Goods and Services Act 1982; or

      4. any matter in respect of which it would be unlawful for us to exclude or restrict liability.

    2. Except as expressly stated in these terms, all warranties and conditions whether express or implied by statute, common law or otherwise are hereby excluded to the extent permitted by law.

    3. Subject to clause 15.1:

      1. we shall not be liable to you, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

      2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for translation services under such contract.

  16. How we may use your personal information

    1. How we will use your personal information. We will use the personal information you provide to us:

      1. to supply our translation services to you;

      2. to process your payment for translations; and

      3. if you agreed to this during the order process, to give you information about other services that we provide, but you may stop receiving this at any time by contacting us.

    2. Where we process any personal data on your behalf, you must ensure that you are entitled to transfer the relevant personal data to us so that we may lawfully use the personal data to provide our translation services. You must also ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer.

    3. If you are a business and we process any personal data on your behalf, we shall:

      1. process the personal data only on and in accordance with your written instructions as set out in these terms, including with regard to transfers of personal data to a third country (unless we are required to process personal data by applicable law, in which case we shall inform you in writing of that legal requirement before undertaking the processing required by applicable law, unless applicable law prohibits us from notifying you);

      2. ensure that all personnel who have access to and/or process the personal data are obliged to keep the personal data confidential;

      3. taking into account the nature of the processing, assist you by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising data subject's rights;

      4. assist you in ensuring compliance with your obligations under applicable data protection legislation with respect to security, breach notifications, privacy impact assessments and consultations with supervisory authorities or regulators;

      5. at your choice, delete or return all the personal data to you after the end of the provision of our services, and delete existing copies unless applicable law requires storage of the personal data;

      6. make available to you all information necessary to demonstrate compliance with the obligations laid down in this clause and allow for and contribute to audits, including inspections, conducted by you or another auditor mandated by you; provided that we shall immediately inform you if, in our opinion, an instruction infringes applicable law; and

      7. have in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of the personal data and against accidental loss or destruction of, or damage to, the personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures.

    4. You consent to us appointing third-party processors of personal data. We shall ensure that the same data protection obligations as set out in this clause shall be imposed on all third-party processors by way of contract. We shall inform you of any proposed changes concerning the addition or replacement of other third-party processors.

    5. We will only give your personal information to third parties where you ask us to do so or the law either requires or allows us to do so.

  17. Other important terms

    1. Acting on behalf of someone else. If you are submitting a document for translation on behalf of someone else, you must have their permission to do so.

    2. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within seven (7) days of us telling you about it and we will refund you any payments you have made in advance for services not provided.

    3. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

    4. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

    5. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

    6. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

    7. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by Scots law and you can bring legal proceedings in respect of the services in the Scottish courts. If you live in England or Wales, you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Scottish or the Northern Irish courts.

    8. Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/main. However, we are not required to accept any complaint submitted through the European Commission Online Dispute Resolution platform and may refuse to do so.

    9. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Scots law and the courts of Scotland shall have exclusive jurisdiction to settle any such dispute or claim.