TERMS & CONDITIONS OF TRANSLATION SERVICES
TOTAL TRANSLATIONS INC. (ONTARIO, CANADA)
Effective Upon Client’s Acceptance and/or Download
1. Definitions
1.1 “Company” means Total Translations Inc., incorporated in the Province of Ontario, Canada.
1.2 “Client” means any individual or legal entity requesting or receiving Services.
1.3 “Services” means certified, legal, technical, and general translation services provided by the Company.
1.4 “Deliverables” means all translated documents, files, or materials provided to the Client.
1.5 “Acceptance by Download” means the act of clicking “Accept & Download”, which constitutes a legally binding electronic signature.
2. Acceptance of Terms (Electronic Signature)
2.1 By clicking “Accept & Download”, the Client:
a) Confirms that they have read, understood, and agreed to these Terms;
b) Enters into a legally binding agreement under the Electronic Commerce Act, 2000 (Ontario);
c) Agrees that such action constitutes an electronic signature with the same legal effect as a handwritten signature;
d) Acknowledges that acceptance is required prior to accessing any Deliverables in compliance with the Company’s insurance requirements.
2.2 If the Client does not agree, they must not access or download the Deliverables.
3. Scope of Services
3.1 The Company provides certified, legal, technical, and general translations.
3.2 The Company does not provide legal, immigration, or professional advisory services.
3.3 All Services are limited strictly to linguistic conversion of content.
4. Accuracy and Professional Standard
4.1 The Company shall perform Services using reasonable skill, care, and professional standards customary in the translation industry.
4.2 The Client acknowledges that:
a) Translation involves interpretation and may not be exact;
b) Absolute accuracy cannot be guaranteed;
c) The Client is responsible for reviewing all Deliverables.
4.3 Any claim for errors must be submitted in writing within five (5) business days of delivery. The Company’s sole obligation shall be to correct verified errors.
5. Confidentiality and Data Protection
5.1 The Company shall maintain strict confidentiality of all Client materials and shall not disclose such materials except:
a) With Client consent;
b) As required by law;
c) To subcontractors bound by equivalent confidentiality obligations.
5.2 The Company may retain copies for internal, legal, insurance, and audit purposes.
5.3 Confidentiality obligations shall survive termination indefinitely.
6. Intellectual Property
6.1 The Client represents and warrants that they have the legal right to provide the source materials.
6.2 Ownership:
a) Source materials remain the property of the Client;
b) Translations are derivative works;
c) Ownership of Deliverables transfers to the Client only upon full payment.
6.3 The Company may retain copies for record-keeping and compliance purposes.
7. Delivery and Access
7.1 Deliverables will only be made available after acceptance of these Terms.
7.2 Delivery may occur via secure download, email, or client portal.
7.3 The Company is not liable for delays caused by:
a) Incorrect Client information;
b) Third-party systems or platforms;
c) Events beyond reasonable control (force majeure).
8. Payment Terms
8.1 Unless otherwise agreed in writing:
a) Individual Clients must pay prior to delivery;
b) Corporate Clients may be invoiced, but acceptance of these Terms is still required prior to access.
8.2 Late payments may result in suspension of services and/or administrative charges.
9. Limitation of Liability
9.1 Maximum Liability
To the fullest extent permitted by law, the total aggregate liability of the Company shall not exceed the lesser of:
a) The total fees paid for the specific project; or
b) $2,000,000 CAD.
9.2 Exclusion of Damages
The Company shall not be liable for:
a) Indirect, incidental, consequential, or special damages;
b) Loss of profits, revenue, business, or opportunity;
c) Rejection by any authority or institution;
d) Decisions made based on the translation.
9.3 Insurance Alignment (CGL & E&O)
All Services are provided subject to the terms, conditions, exclusions, and limits of the Company’s Commercial General Liability and Errors & Omissions insurance policies.
Nothing in this Agreement shall be interpreted as expanding liability beyond such coverage.
10. Indemnification
10.1 The Client agrees to indemnify and hold harmless the Company from any claims, liabilities, damages, or expenses arising from:
a) Use or misuse of the Deliverables;
b) Inaccurate, incomplete, or misleading source materials;
c) Unauthorized or unlawful use of documents;
d) Failure to verify the translation prior to use.
10.2 This clause survives termination.
11. No Legal or Immigration Advice
11.1 The Company does not provide legal, immigration, or regulatory advice.
11.2 Translations do not constitute legal certification or guarantee acceptance by any authority.
11.3 The Client must seek independent professional advice where required.
12. Governing Law and Jurisdiction
12.1 This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
12.2 Any dispute shall be subject to the exclusive jurisdiction of the courts of Ontario.
13. Electronic Records and Audit Trail
13.1 The Client agrees that the Company may store:
a) IP address;
b) Timestamp;
c) Access logs;
d) Download confirmation.
13.2 Such records shall constitute proof of acceptance and may be used in legal or insurance proceedings.
14. Force Majeure
The Company shall not be liable for failure or delay in performance due to events beyond its reasonable control, including but not limited to natural disasters, cyber incidents, power outages, or third-party service failures.
15. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16. Entire Agreement
These Terms constitute the entire agreement between the parties and supersede all prior agreements, communications, or understandings.
17. Acceptance by Download
By clicking “Accept & Download”, the Client:
a) Agrees to all Terms and Conditions contained herein;
b) Confirms this action constitutes a legally binding electronic signature;
c) Acknowledges that acceptance is a condition precedent to accessing the Deliverables.
18. Certified Translations for Immigration and Official Use (IRCC)
18.1 Certification Scope
The Company certifies that the translation is a true and accurate translation of the source document to the best of its knowledge and professional ability. Certification applies only to the linguistic accuracy of the translation and not to the authenticity, validity, or legal effect of the original document.
18.2 IRCC Requirements
The Client acknowledges that Immigration, Refugees and Citizenship Canada (IRCC) and other authorities may have specific and evolving requirements, including affidavits, translator declarations, notarization, or the use of certified translators in Canada.
The Client is solely responsible for confirming such requirements prior to submission.
18.3 No Guarantee of Acceptance
The Company does not guarantee that any certified translation will be accepted by IRCC or any other authority. Acceptance is at the sole discretion of the receiving institution.
18.4 Client Responsibility
The Client is responsible for:
a) Providing complete, legible, and accurate source documents;
b) Informing the Company of the intended use;
c) Reviewing the certified translation prior to submission.
18.5 Affidavits and Notarization
Where an affidavit or notarization is required, such services may be facilitated upon request and may involve third-party commissioners or notaries. The Company is not responsible for delays, errors, or omissions caused by such third parties.
18.6 Limitation of Use
Certified translations are issued for the specific purpose indicated by the Client at the time of request. Any use beyond that purpose is at the Client’s own risk.
18.7 Names and Transliteration
Names, dates, and terms may be transliterated or formatted based on standard practices. The Client is responsible for verifying consistency with official documents.