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Terms and Conditions of Business

Last updated 12 October 2026

SILA Linguists® is a registered trade mark of NEXUS of SILA Limited.

These Terms and Conditions of Business (the 'Terms') apply to every interpreting, translation, transcription, language analysis and related language service that NEXUS of SILA Limited, trading as SILA Linguists® ('SILA', 'we', 'us' or 'our'), provides to you. Please read them carefully before you make a booking. Sections 7 and 16.4 contain important information for individuals who book for their own personal use, and section 16 limits our liability.

1. About us and these Terms

1.1 NEXUS of SILA Limited is a company registered in Scotland with company number SC770122. Our registered office is 2/3, 48 West George Street, Glasgow G2 1BP, Scotland, United Kingdom, and our VAT number is 452250618. You can contact us by email at bookings@silalinguists.co.uk or by telephone on +44 (0)333 339 8218.

1.2 These Terms apply to all clients, whether you are a business, a public body, a charity, a professional firm or an individual. Some sections apply only to Business Clients or only to Consumers, and they say so.

1.3 These Terms apply to the exclusion of any other terms that you try to impose or incorporate, including terms printed on a purchase order, a supplier portal or other documents, or implied by trade, custom or course of dealing. A purchase order number or similar reference is accepted for administrative purposes only.

1.4 If there is a conflict between documents, the following order of priority applies: (a) a framework agreement, service agreement or data processing agreement signed by an authorised representative of SILA; (b) the Confirmation; (c) these Terms.

2. Definitions

In these Terms:

  • Assignment means a specific piece of work that we agree to carry out for you, such as an interpreting session, a translation, a transcription, a subtitling or localisation project, or a language analysis report.
  • Booking means your request for an Assignment, made by email, telephone, WhatsApp, the App or any other means we accept.
  • Business Client means a client who is not a Consumer, including companies, partnerships, sole traders acting in the course of business, public bodies, courts, tribunals, charities and professional firms (such as solicitors acting for their own clients).
  • Business Day means a day other than a Saturday, Sunday or public holiday in Scotland.
  • Client, you and your mean the person, firm or organisation named in the Confirmation as the client, and anyone who makes a Booking on their behalf.
  • Confirmation means our written confirmation of a Booking, sent by email, through the App or in another written form, setting out the details of the Assignment and, where relevant, the applicable fees, cancellation charges and other conditions.
  • Consumer means an individual acting for purposes that are wholly or mainly outside their trade, business, craft or profession.
  • Contract means the contract between you and us for an Assignment, made up of the Confirmation and these Terms.
  • Deliverables means everything we deliver to you as part of an Assignment, including translations, transcripts, subtitles, localised files, certified or sworn translations and reports.
  • Linguist means an interpreter, translator, reviser, transcriber, subtitler, analyst or other language professional who carries out work for SILA, whether as an employee or as an independent contractor.
  • Source Material means the documents, audio, video, files, text, terminology, reference material and other information you provide to us for an Assignment.
  • App means the SILA Linguists mobile application, and Website means our website.
  • in writing includes email and messages sent through the App.

3. Bookings and Confirmations

3.1 Information on our Website, in the App or in our brochures and other materials describes our services in general terms. It is not an offer capable of acceptance.

3.2 You can make a Booking by email, by telephone, by WhatsApp, through the App or by any other means we accept. Your Booking is an offer to buy the services described in it, on these Terms.

3.3 A Contract is formed only when we send you a Confirmation or, if earlier, when we start work on the Assignment at your request. We may decline any Booking without giving reasons.

3.4 Please check each Confirmation carefully and tell us straight away if anything in it is wrong or incomplete. If you do not tell us within one Business Day of receiving it, or before the Assignment starts if that is sooner, we will treat the Confirmation as correct.

3.5 Fees, minimum booking periods, travel and waiting time, urgent or out-of-hours supplements and cancellation charges are those set out in the Confirmation, in any framework agreement that applies or, if none are set out there, those stated on our invoice in line with our charges in force on the date of the Booking.

3.6 If you make a Booking on behalf of another person or organisation, you confirm that you have their authority to do so. You and the person or organisation on whose behalf you book are jointly and severally responsible for the obligations under the Contract, including payment, unless we have agreed in writing to look only to one of you.

3.7 Bookings made by telephone or WhatsApp are confirmed by email or through the App. Messaging services such as WhatsApp are provided by third parties; please do not send sensitive documents through them unless we have agreed that this is appropriate.

4. Your obligations

4.1 You must:

  • (a) give us complete and accurate information about each Assignment, including the date, time, place, expected duration, languages and dialects, subject matter, the purpose for which a translation or report will be used and any formatting, certification or delivery requirements;
  • (b) provide legible, complete and final Source Material, together with any reference material, glossaries, names and spellings that the Linguist needs;
  • (c) give interpreters a briefing and, where available, documents, agendas, presentations, speeches and terminology in good time before the Assignment;
  • (d) tell us in advance about any known risk to the safety or wellbeing of the Linguist, such as a person with a history of violence, an infectious disease, or a difficult or dangerous location;
  • (e) provide safe working conditions that meet the health and safety law that applies at the place of the Assignment, including adequate rest breaks, and, for conference and simultaneous interpreting, booths, equipment and sound that meet recognised professional standards unless we have agreed to supply them;
  • (f) make sure that a responsible member of your staff or another appropriate person is present during interpreting with a vulnerable person, where the law or good practice requires it;
  • (g) treat our Linguists with courtesy and respect, and not ask them to carry out tasks outside their professional role; and
  • (h) obtain all consents, permissions and authorisations needed for us to use the Source Material and any personal data in it for the Assignment.

4.2 You are responsible for the consequences of any failure to comply with section 4.1. Where such a failure causes delay, additional work or costs, we may charge for the additional time and costs reasonably incurred, and we will not be responsible for any resulting delay or defect.

5. Our Linguists and non-solicitation

5.1 Our network of vetted Linguists is a key part of our business, built up through significant investment in recruitment, vetting and training. This section applies to Business Clients only.

5.2 During the Contract and for twelve (12) months after the end of the last Assignment in which a Linguist worked for you through SILA, you must not, without our prior written consent, directly or indirectly engage, employ or use the services of that Linguist, other than through SILA, for interpreting, translation, transcription or other language services, and you must not solicit or encourage that Linguist to work for you other than through SILA.

5.3 Section 5.2 does not apply to a Linguist who responds to a general advertisement not aimed specifically at our Linguists, or who was already working for you directly before you were introduced to them through SILA, provided you can show this.

5.4 If you breach section 5.2, you must pay us an introduction fee in the amount stated in the Confirmation or in your client agreement with us. If no amount is stated there, you must compensate us for the loss we suffer as a result, including the loss of the business we would reasonably have expected to receive. This is without prejudice to any other rights we have.

6. Changes and cancellations

6.1 You may ask to change an Assignment at any time by telling us in writing. We will try to accommodate the change. If the change affects the scope of the work, the time needed, the Linguist required, the delivery date or our fees, we will tell you and the change will apply only once we have confirmed it in writing.

6.2 You may cancel a Booking by telling us in writing. Cancellation charges apply as set out in the Confirmation or, if none are set out there, as stated on our invoice. In addition, if you cancel or reduce an Assignment after we have started work, you must pay for the work carried out up to the date of cancellation and for any costs and expenses we have incurred or committed to that cannot be recovered, such as non-refundable travel and accommodation and fees of third parties such as sworn translators or notaries.

6.3 If an interpreting Assignment cannot go ahead or ends early for reasons not caused by us, for example because the person needing the interpreter does not attend, the Assignment is postponed on the day or the Linguist is refused access, we treat it as a late cancellation and the fees set out in the Confirmation remain payable.

6.4 We may change the Linguist assigned to your Booking, for example because of illness or an emergency. We will provide a replacement with suitable skills where we reasonably can. If we cannot provide a replacement, we will tell you as soon as possible and will not charge you for the part of the Assignment that we do not provide.

6.5 We may cancel an Assignment by giving you notice if we reasonably believe that it would be unlawful, unsafe or contrary to the professional standards of our Linguists, or if you have not paid an invoice that is due. If we cancel for one of these reasons, section 6.2 applies as if you had cancelled.

6.6 This section does not affect the rights of Consumers under section 7.

7. Your right to cancel if you are a Consumer

7.1 If you are a Consumer and the Contract was made at a distance (for example by email, telephone, WhatsApp or the App) or away from our premises, you have the legal right to cancel the Contract within fourteen (14) days of the day the Contract is formed, without giving any reason. This right comes from the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or, for Consumers in the European Union, the equivalent national rules.

7.2 To cancel, you must tell us clearly in writing, for example by email to bookings@silalinguists.co.uk or by post to the address in section 1.1. You may use the following model wording, but you do not have to: 'I hereby give notice that I cancel my contract for the following service: [service], ordered on [date]. Name: [name]. Address: [address]. Date: [date].'

7.3 If you ask us to start the services before the end of the cancellation period, and then cancel within that period, you must pay us an amount in proportion to the services provided up to the time you tell us that you are cancelling.

7.4 If you ask us to start the services before the end of the cancellation period, you lose the right to cancel once the services have been fully performed. When you ask us to start early, we will ask you to confirm that you understand this.

7.5 If you cancel, we will refund any amount you have paid, less any amount due under section 7.3, within fourteen (14) days of the day you told us you were cancelling. We will refund you by bank transfer to the account from which you paid, unless we agree otherwise.

7.6 After the cancellation period has ended, or once your right to cancel has been lost, section 6 applies.

8. Interpreting services

8.1 This section applies to all forms of interpreting, including face-to-face, telephone, video remote, conference, simultaneous, remote simultaneous (RSI), community and public service, BSL and Deaf communication, and travel and escort interpreting.

8.2 Our interpreters will interpret with reasonable care and skill, impartially and in line with the professional standards and codes of conduct that apply to them. Interpreting conveys meaning in real time between languages and cultures. A word-for-word rendering is not always possible, and the quality of interpreting depends on factors such as the clarity and speed of speech, sound quality, technical terminology and the briefing received. We cannot guarantee that every word will be rendered exactly.

8.3 Our interpreters interpret what is said. They do not give legal, medical, financial, immigration or other professional advice, do not act as advocates for any party, and do not take on tasks outside the interpreter's role, such as witnessing documents, giving opinions on the matters discussed, providing transport or supervising any person. Any decision taken during or after an interpreted meeting is the responsibility of the persons taking it.

8.4 You must allow the interpreter the rest breaks needed for accurate work. For long or intensive Assignments, such as conference, simultaneous or court work, we may require a team of interpreters. If you do not agree, we will not be responsible for any reduction in quality caused by fatigue.

8.5 An interpreter may withdraw from an Assignment, and we may end it, if the interpreter is subjected to abusive, threatening or discriminatory behaviour, if there is a risk to their health or safety, if they are asked to act in breach of their professional code or the law, or if they become aware of a conflict of interest. Where the withdrawal is caused by circumstances within your control or the control of the persons present on your side, the fees for the Assignment remain payable in full.

8.6 For telephone and video interpreting, you are responsible for your own equipment, software, network connection and the platform you choose, unless we have agreed to supply them. We are not responsible for interruptions or poor quality caused by equipment, networks or platforms outside our control. Telephone interpreting is available twenty-four hours a day, seven days a week, subject to the availability of interpreters in the language requested.

8.7 You must not record an interpreted session, in sound or vision, without telling us in advance and obtaining the interpreter's consent, unless the law requires or authorises the recording (for example in a court or police interview). Recordings of conference interpreting may only be used for the purpose agreed in writing, and further use or distribution requires our prior written consent and may be subject to an additional fee.

8.8 For travel and escort interpreting, you are responsible for the interpreter's travel, accommodation and subsistence as agreed in the Confirmation, and for taking reasonable steps to ensure their safety during the Assignment.

8.9 The time recorded by the interpreter, confirmed where possible by a timesheet or by your representative, is conclusive evidence of the time worked, unless you show it to be wrong.

9.1 We will carry out translation, transcription, subtitling and localisation with reasonable care and skill, using Linguists with suitable qualifications and experience for the language pair and subject matter.

9.2 The quality of a translation, transcript or subtitle depends on the quality of the Source Material. We are not responsible for errors or omissions caused by Source Material that is illegible, incomplete, ambiguous, inaccurate or of poor audio quality, or by changes made to the Source Material after we started work. In transcripts, passages that cannot be heard clearly will be marked as inaudible or uncertain.

9.3 Delivery dates and turnaround times are those agreed in writing in the Confirmation. They run from the time we have received all the Source Material and any information we need. We will do our best to meet them, but for Business Clients time of delivery is not of the essence unless we have expressly agreed in writing that it is. If we expect a delay, we will tell you as soon as possible.

9.4 Unless otherwise agreed in writing, translations are delivered in a standard editable format. Desktop publishing, typesetting, transcreation, copywriting and the translation of text embedded in images are separate services and are provided only if set out in the Confirmation.

9.5 You must tell us before the Assignment if a translation is to be published, printed, used in legal proceedings, submitted to an authority or used for any other purpose where an error could have serious consequences. For material to be published or printed, you must give us the opportunity to review a final proof. We are not responsible for errors introduced by you or by third parties, or for any changes made to the Deliverables after delivery.

9.6 Review period and corrections. You should check the Deliverables promptly on receipt. If you believe that a Deliverable contains an error, please tell us in writing within fourteen (14) days of delivery, giving details. If the error is due to a failure on our part, we will correct it free of charge within a reasonable time. Preferential or stylistic changes, changes to terminology not supplied in advance, and changes to the Source Material are not errors and may be charged as additional work. If you are a Consumer, this does not affect your legal rights.

9.7 Human-powered AI translation. Where you choose our AI-assisted translation service, or where we agree with you that it is suitable, we use secure machine translation or AI tools to produce a first draft, which is then post-edited by a qualified human Linguist to the level agreed in the Confirmation. We use only tools that we have assessed for security and confidentiality, and we do not allow your content to be used to train publicly available AI models. If you do not want any machine translation or AI tool to be used for your Assignment, please tell us in writing before we start.

9.8 Localisation. For website, software, app, multimedia and technical document localisation, you are responsible for providing the files in a usable format, for implementing the localised files in your systems, and for functional and technical testing, unless we have agreed in writing to carry out these tasks. We are not responsible for defects in your software, systems or content management platforms.

9.9 We may keep translation memories and glossaries created during your Assignments. We use them only to provide services to you, keep them confidential and protect them in line with section 14.

10. Certified and sworn translations

10.1 A certified translation from SILA includes a signed statement confirming that, to the best of our knowledge and belief, the translation is a true and accurate translation of the original document as provided to us, together with the date and the details needed to identify the translation and the translator or SILA.

10.2 Our certification relates to the accuracy of the translation only. Unless you have booked our document verification service, we do not verify, and we give no assurance as to, the authenticity, validity or content of the original document.

10.3 Requirements for translations differ between countries, authorities, courts, universities and other organisations. Some require a sworn, court-appointed or officially recognised translator, notarisation, legalisation or an apostille. You are responsible for checking the requirements of the authority or organisation that will receive the translation and for telling us about them before we start work. We will gladly help you understand the options, but we do not give legal advice.

10.4 Where you ask us to arrange a sworn or officially recognised translation for use in another country, we will select, with reasonable care, a translator who is recognised under the rules of that country. The sworn translator gives their certification or oath under the law and professional rules that apply to them in that country. The timescale, format and any requirement to send original documents or certified copies by post or courier are governed by those rules and by the destination authority's practice.

10.5 Whether a translation is accepted is a decision for the receiving authority or organisation, which is not under our control. We are not responsible for a decision by a third party to refuse, delay or question a translation where we have carried out the translation, or arranged the sworn translation, in line with the Contract and the requirements you told us about. This does not affect our obligation to correct any error that is our fault under section 9.6.

10.6 Where original documents must be sent by post or courier, we will use a reputable tracked service. Our liability for loss or damage in transit is limited as set out in section 16, and we recommend that you keep copies of all documents.

11. Language analysis, nationality assessment, cultural advisory and document verification

11.1 This section applies to language analysis for the determination of origin (LADO), including origin and age-related assessment, nationality assessment, cultural advisory and mediation, document verification and any other report or opinion we provide (together, 'Reports').

11.2 A Report is an expert opinion based on the analysis of the speech, documents and other material available to us and on the methods and reference sources described in it. It is not a legal determination of a person's nationality, origin, age, identity, credibility or immigration status, and it is not legal advice. Decisions on those matters are for the competent decision-maker, court or tribunal, who should consider the Report together with all other evidence.

11.3 Our analysts act independently and impartially. Their conclusions are not influenced by who instructs us or pays for the Report, and our fees do not depend on the outcome. We will not change the conclusions of a Report at your request, although we will correct factual errors and may respond to written questions. Where a Report is prepared for use in court or tribunal proceedings, our duty to the court or tribunal takes priority over any obligation to you.

11.4 The reliability of a Report depends on the quantity and quality of the material provided, such as the length and audio quality of a recording. Where the material is not sufficient for a reliable conclusion, we will say so in the Report, and the fees for the work carried out remain payable.

11.5 To protect their safety and independence, we may withhold the names and personal details of the analysts and Linguists who contributed to a Report, while describing their qualifications and experience.

11.6 Document verification is an opinion on whether a document is consistent with comparable documents, known features and the reference sources available to us. It is not forensic examination of the physical document unless we have expressly agreed to carry this out, and it is not a guarantee that a document is genuine or fake.

11.7 Cultural advisory and mediation services provide information and context to support communication. You remain responsible for decisions made using them.

11.8 Reports may be used only for the purpose for which they were requested, as stated in the Confirmation. You must not edit a Report or present extracts from it out of context.

12. Invoicing and payment

12.1 Payment by bank transfer only. All payments must be made by bank transfer to the bank account shown on our invoice. At present we do not accept payment by credit or debit card. We do not accept payment in cash or by any other method unless we have agreed this in writing.

12.2 Invoices. We will issue an invoice for each Assignment, or periodically for several Assignments, as set out in the Confirmation or in any framework agreement. Each invoice will show the amount due, the due date and our bank details.

12.3 Payment in advance. We may require payment in full or in part before we start work or deliver the Deliverables, in particular for Consumers, new clients, urgent Assignments, certified and sworn translations, Assignments involving travel and large projects. Where we do, we will issue an invoice and start work once the payment has been received in our account.

12.4 When to pay. You must pay each invoice in full and in cleared funds by the due date stated on it. If no due date is stated, payment is due within thirty (30) days of the date of the invoice. If you need a purchase order number or other reference on our invoices, you must give it to us before the Assignment; the absence of a reference does not delay the due date.

12.5 Currency and bank charges. You must pay in the currency shown on the invoice. You are responsible for your own bank charges and for any intermediary or currency conversion charges, so that we receive the full amount invoiced.

12.6 VAT. Unless otherwise stated, amounts for Business Clients are exclusive of VAT, which will be added at the rate that applies. Amounts given to Consumers include any VAT payable.

12.7 Protect yourself from payment fraud. Our bank details are shown on our invoices. We will never tell you about a change to our bank details by email or message alone. If you receive a message saying that our bank details have changed, please do not make any payment and call us on +44 (0)333 339 8218 to check. A payment is treated as made only when it is received in our account. This does not affect your rights if a loss is caused by our failure to keep our own systems secure.

12.8 Queries. If you dispute an invoice, you must tell us in writing within fourteen (14) days of the date of the invoice, giving your reasons. You must pay any part of the invoice that is not in dispute by the due date. We will deal with the dispute promptly and in good faith.

12.9 Late payment by Business Clients. If a Business Client does not pay by the due date, we may claim statutory interest and fixed compensation under the Late Payment of Commercial Debts (Interest) Act 1998, where that Act applies, together with our reasonable costs of recovering the debt. Where that Act does not apply, interest and compensation for recovery costs are payable at the rate and to the extent permitted by the law that applies, including the rules implementing Directive 2011/7/EU on combating late payment in commercial transactions.

12.10 Late payment by Consumers. If you are a Consumer and you do not pay by the due date, we will send you a reminder. We may then charge interest on the overdue amount at the rate stated on the invoice, which will be reasonable, or otherwise at the rate allowed by law, and we may recover our reasonable costs of collection where the law permits.

12.11 Suspension. If any invoice is overdue, we may, after giving you notice in writing, suspend work on any or all Assignments for you, withhold Deliverables, decline new Bookings and require payment in advance for future work, until all overdue amounts have been paid. We will not be responsible for any delay or loss caused by such a suspension.

12.12 No set-off. Business Clients must pay all amounts due without any set-off, deduction or withholding, except as required by law.

13. Confidentiality

13.1 We will keep confidential all Source Material, Deliverables and information about your business and Assignments that you give us, and we will use them only to perform the Contract. We will require our Linguists and anyone else who works on your Assignments to keep them confidential on terms no less protective than this section.

13.2 You will keep confidential all information about our business, our charges, our methods, our Linguists and our systems that we give you, and you will use it only for the purposes of the Contract.

13.3 These obligations do not apply to information that is or becomes publicly available other than through a breach of the Contract, that was lawfully known to the receiving party before it was disclosed, or that must be disclosed by law, by a court, tribunal or regulator, or to protect a person from a serious risk of harm where the law or a professional code requires this. Where the law allows, the party making the disclosure will tell the other party first.

13.4 We are happy to consider signing a separate non-disclosure or confidentiality agreement on reasonable terms. Where one is signed, it applies in addition to this section and, if there is a conflict, it prevails on matters of confidentiality only.

13.5 Email and other electronic communications are not completely secure. If you require a particular secure transfer method, please tell us before sending Source Material.

13.6 This section continues to apply after the Contract ends.

14. Data protection

14.1 Each party will comply with the data protection laws that apply to it, including the UK General Data Protection Regulation, the Data Protection Act 2018 and, where they apply, the EU General Data Protection Regulation and the Privacy and Electronic Communications Regulations 2003.

14.2 Where we are a controller. We are the controller of the personal data we hold about our clients and their contacts (such as names, contact details, Booking and billing information), about our Linguists and job applicants, and about visitors to our Website and users of the App. We are also an independent controller of the personal data we use to prepare Reports under section 11 and of personal data in Assignments for Consumers who book services for themselves. We process this data as described in our Privacy Policy.

14.3 Where we are a processor. Where a Business Client gives us personal data in Source Material or in a Booking (for example information about a patient, service user or applicant) so that we can provide interpreting, translation, transcription or similar services, the Business Client is the controller and we process that data as its processor. In that case, we will:

  • (a) process the personal data only on your documented instructions, which are given by the Contract and the Confirmation, unless the law requires otherwise, in which case we will tell you unless the law prevents this;
  • (b) make sure that everyone authorised to process the data is bound by a duty of confidentiality;
  • (c) take appropriate technical and organisational security measures;
  • (d) engage other processors, such as Linguists and IT service providers, only on written terms that give equivalent protection; you give general authorisation for this, and we will tell you of any intended change to our main IT providers on request so that you can object on reasonable grounds;
  • (e) transfer personal data outside the United Kingdom or the European Economic Area only where a lawful safeguard applies or where the transfer is needed to carry out your instructions, such as arranging a sworn translation abroad or a remote Linguist located in another country;
  • (f) assist you, taking into account the nature of the processing, with requests from individuals exercising their rights, and with your obligations on security, breach notification, impact assessments and consultation with regulators;
  • (g) notify you without undue delay after becoming aware of a personal data breach affecting your data;
  • (h) at your choice, delete or return the personal data at the end of the services, unless the law requires us to keep it; and
  • (i) make available to you the information reasonably needed to show compliance with this section, and allow for audits on reasonable notice, at your cost, not more than once a year unless required by a regulator or following a breach.

14.4 You confirm that you have a lawful basis, and where relevant a condition for processing special category or criminal offence data, for sharing the personal data with us, and that you have given the individuals concerned any information required by law. If you are a Business Client, you will indemnify us against claims, losses and costs arising from your breach of this section.

14.5 Where a Business Client requires a separate data processing agreement, we will consider it in good faith. If one is signed, it prevails over this section on matters of data protection.

15. Intellectual property

15.1 You confirm that you own, or have permission to use, all intellectual property rights in the Source Material, and that our translation or other use of it for the Assignment will not infringe the rights of any third party or break any law. If you are a Business Client, you will indemnify us against all claims, losses and costs arising from any breach of this confirmation.

15.2 Copyright and other intellectual property rights in the Deliverables belong to us (or to our Linguists, who assign or licence them to us) until you have paid in full all amounts due for the Assignment. Once we have received payment in full, we assign to you all the copyright that we own in the Deliverables created specifically for you, to the extent that it does not belong to the owner of the Source Material. Until then, you may use the Deliverables only to review them, and we may withdraw this permission if payment is not made when due.

15.3 We keep all rights in our pre-existing materials, tools, methods, templates, know-how and general terminology resources, and in our trade marks. Nothing in these Terms gives you any right to use the SILA Linguists name or logo.

15.4 You may not publish a Deliverable naming SILA or a Linguist as the translator or author without our prior written consent. Where the law gives our Linguists a right to be identified as the author of a translation, we will deal with that right on your behalf as far as the law allows.

16. Our liability

16.1 What we do not limit. Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law. Nothing in these Terms affects the statutory rights of Consumers.

16.2 Business Clients. Subject to section 16.1, if you are a Business Client:

  • (a) we will not be liable, whether in contract, delict or tort (including negligence), for breach of statutory duty or otherwise, for any loss of profit, revenue, business, contracts, anticipated savings, goodwill or reputation, for any loss or corruption of data, or for any indirect or consequential loss, in each case however arising;
  • (b) our total liability arising out of or in connection with an Assignment is limited to the fees paid or payable for that Assignment; and our total liability for claims not related to a specific Assignment is limited to the total fees paid to us by you in the twelve (12) months before the event giving rise to the claim;
  • (c) we will not be liable for any loss arising from your failure to comply with section 4, from Source Material, information or instructions provided by you, from changes made to Deliverables by anyone other than us, from the use of a Deliverable or Report for a purpose not disclosed to us in writing, or from decisions made by third parties such as authorities, courts, tribunals, embassies or employers;
  • (d) all terms implied by law are excluded to the fullest extent permitted by law, except the obligation to perform the services with reasonable care and skill; and
  • (e) you must notify us in writing of any claim within twelve (12) months of the date on which you became aware, or ought reasonably to have become aware, of the circumstances giving rise to it, and in any event within the period allowed by law.

16.3 You acknowledge that our fees reflect the allocation of risk in this section, and that you are best placed to insure against the losses that may arise from your use of the Deliverables.

16.4 Consumers. If you are a Consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or failing to use reasonable care and skill. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen. We are not responsible for loss or damage that is not foreseeable. We provide services to Consumers for domestic and private use. If you use them for any business purpose, we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. Under the Consumer Rights Act 2015 and other consumer law, services must be carried out with reasonable care and skill. If they are not, you may be entitled to ask us to repeat or fix the service or to receive a price reduction. Advice about your legal rights is available from Citizens Advice or, in Scotland, Advice Direct Scotland, or from a consumer advice organisation in your country.

16.5 This section continues to apply after the Contract ends.

17. Events outside our control

17.1 We will not be in breach of the Contract, or liable for any delay or failure to perform, caused by an event outside our reasonable control. Such events include fire, flood, storm, epidemic or pandemic, war, terrorism, civil unrest, strikes or industrial action of third parties, failure of public or private telecommunications networks, internet or power supplies, cyber attacks that we could not reasonably have prevented, failure of transport, acts of government or public authorities, and the sudden illness, injury or emergency of a Linguist where we have not been able to find a suitable replacement despite reasonable efforts.

17.2 If such an event happens, we will tell you as soon as possible and take reasonable steps to minimise its effect. If the event continues for more than thirty (30) days, either of us may cancel the affected Assignment by notice in writing. You must pay for work carried out before the cancellation, and we will refund any amount you paid in advance for work not carried out.

18. Complaints

18.1 We aim to provide an excellent service. If you are not satisfied, please contact us in writing at bookings@silalinguists.co.uk as soon as possible, and in any event within the periods set out in sections 9.6 and 12.8 where they apply, giving the Booking reference, a description of the problem and any supporting documents.

18.2 We will acknowledge your complaint within five (5) Business Days and aim to give you a full response within twenty (20) Business Days. If we need longer, we will tell you why and when you can expect our response. If you are not satisfied with our response, you may ask for the complaint to be reviewed by a director of SILA.

18.3 Making a complaint does not entitle a Business Client to withhold payment of any amount that is not in dispute. Complaints about data protection may also be made as described in our Privacy Policy.

19. Suspension and termination

19.1 Either party may end the Contract immediately by notice in writing if the other party commits a material breach of it that cannot be remedied or, where it can be remedied, is not remedied within fourteen (14) days of a written request to do so, or if the other party becomes insolvent, enters administration, liquidation or sequestration, makes an arrangement with its creditors or stops trading.

19.2 We may also end the Contract, or suspend our services, immediately by notice in writing if you fail to pay any amount by the due date, or if you or persons on your side behave in an abusive, threatening or unlawful way towards our staff or Linguists.

19.3 When the Contract ends, you must pay for all services provided and costs incurred up to the date of termination. Ending the Contract does not affect any rights that either party has already acquired, or any section that is intended to continue to apply, including sections 5, 12, 13, 14, 15, 16 and 23.

20. Our Linguists and subcontracting

20.1 We provide our services through vetted Linguists, who may be employees or independent contractors. We check their qualifications and experience and, where appropriate for the Assignment, carry out background and security checks. Our Linguists are bound by confidentiality obligations and by our professional standards.

20.2 We may subcontract all or part of an Assignment to vetted Linguists and, where you ask us to arrange them, to sworn translators, notaries or other professionals. We remain responsible to you for the services we have agreed to provide, subject to sections 10 and 16.

20.3 If you have specific requirements for a Linguist, such as gender, nationality, a particular security clearance or a professional qualification, you must tell us at the time of Booking. We will try to meet such requirements but can only guarantee them where they are stated in the Confirmation.

21. The SILA Linguists App and our Website

21.1 We grant you a personal, non-exclusive, non-transferable and revocable licence to use the App and the Website to find information about our services, make and manage Bookings and communicate with us, in line with these Terms. The App is also subject to the terms of the app store from which you downloaded it.

21.2 You are responsible for keeping your login details confidential and for all activity under your account. Please tell us immediately if you think someone else has used your account.

21.3 You must not use the App or the Website in any unlawful way, try to gain unauthorised access to them or our systems, introduce viruses or harmful code, copy, adapt or reverse engineer them except as allowed by law, or use them to harass or harm any person.

21.4 We work to keep the App and the Website available and secure, but we do not promise that they will always be available or free from errors. We may update, suspend or withdraw them, or any part of them, for business or operational reasons. Bookings made through the App are subject to Confirmation in the same way as other Bookings.

21.5 Information on the Website and in the App is subject to our Disclaimer. Our use of cookies is explained in our Cookie Policy.

22. General

22.1 Assignment and transfer. We may transfer our rights and obligations under the Contract to another organisation, for example as part of a sale or reorganisation of our business. If you are a Consumer and this would reduce your rights, you may end the Contract and receive a refund for services not provided. You may not transfer your rights or obligations under the Contract without our prior written consent.

22.2 Entire agreement. The Contract is the entire agreement between you and us about its subject matter. If you are a Business Client, you agree that you have not relied on any statement, promise or representation that is not set out in the Contract. Nothing in this section limits liability for fraud or fraudulent misrepresentation.

22.3 Variation. Any change to the Contract is effective only if it is agreed in writing by an authorised representative of SILA. We may update these Terms from time to time. The version in force when we send the Confirmation applies to that Assignment.

22.4 Severance. If any provision of these Terms is found to be invalid, unenforceable or unfair, it will apply with the minimum change needed to make it valid and enforceable, and the remaining provisions will continue in full force.

22.5 Waiver. If we do not insist on any of your obligations, or delay in doing so, this does not mean that we have waived our rights, and it does not prevent us from enforcing them later.

22.6 Third-party rights. No person other than you and us has any right to enforce any term of the Contract, whether under the Contract (Third Party Rights) (Scotland) Act 2017, the Contracts (Rights of Third Parties) Act 1999 or otherwise.

22.7 Notices. Notices under the Contract must be in writing and sent by email or by post. Notices to us must be sent to bookings@silalinguists.co.uk or to the address in section 1.1. Notices to you will be sent to the email or postal address you gave us for the Booking. A notice sent by email is treated as received at the time of sending, or at 9.00 am on the next Business Day if sent outside business hours, unless the sender receives a message that it has not been delivered. A notice sent by post is treated as received on the second Business Day after posting within the United Kingdom, or the fifth Business Day after posting abroad.

22.8 Language. These Terms are written in English. Where we provide a translation, it is for information only and the English version prevails.

23. Governing law and jurisdiction

23.1 The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), are governed by the law of Scotland.

23.2 If you are a Business Client, the courts of Scotland have exclusive jurisdiction to settle any such dispute or claim. We may, however, bring proceedings to recover unpaid amounts in the courts of the country where you are established.

23.3 If you are a Consumer, you may bring proceedings in the courts of Scotland. If you live in England and Wales or in Northern Ireland, you may also bring proceedings in the courts of your home nation. If you live in another country, the choice of Scots law does not deprive you of the protection of the mandatory provisions of the law of the country where you live, and you may bring proceedings in the courts that the law of that country allows.

23.4 Before starting court proceedings, each party will try to resolve the dispute in good faith through the complaints procedure in section 18.

24. How to contact us

If you have any questions about these Terms, please contact us:

NEXUS of SILA Limited, trading as SILA Linguists®
2/3, 48 West George Street
Glasgow G2 1BP
Scotland
Email: bookings@silalinguists.co.uk
Telephone: +44 (0)333 339 8218