Effective Date: July 22, 2026 | Version: 2.4 | Document Ref: TOS-TL-2026-A
| LEGAL NOTICE & DISCLAIMER This Terms of Service agreement is a binding legal contract governing translation, localization, proofreading, interpretation, and language asset management services. Please read these terms carefully before submitting source material or accepting a Statement of Work. |
Welcome to Kenya Translation Services (“Company,” “Agency,” “we,” “us,” or “our”). These Terms of Service (“Terms” or “Agreement”) govern your access to and use of our translation, localization, proofreading, interpretation, and related linguistic services (collectively, the “Services”), as well as our client portals, APIs, and order processing systems.
By requesting a quote, submitting source materials, executing a Statement of Work (SOW), or utilizing any of our Services, you (“Client,” “you,” or “your”) agree to be legally bound by these Terms. If you are entering into this Agreement on behalf of a corporation, business entity, or government institution, you represent and warrant that you have full legal authority to bind that entity to these Terms.
1. DEFINITIONS
“Deliverables” means all final translated, localized, edited, proofread, transcribed, or interpreted text, materials, files, graphics, audio/video media, or digital assets produced and delivered by the Agency to the Client.
“Order” / “Statement of Work (SOW)” means any written quotation, purchase order, binding proposal, SOW, or digital project confirmation accepted by both parties detailing project scope, word counts, target languages, technical specifications, fees, and turnaround times.
“Source Materials” means all original documents, software code, web content, manuscripts, graphics, audio/video recordings, reference files, or specialized terminology lists provided by the Client to the Agency for translation or processing.
“Third-Party Contractor” means any professional freelance linguist, certified translator, editor, proofreader, subject matter expert, or subcontractor engaged by the Agency to fulfill the Services.
2. SCOPE OF SERVICES & ORDER PROCESS
2.1 Quotations and Estimates
Quotations issued by the Agency are non-binding price estimates based on preliminary review of the Source Materials and specifications provided by the Client. A binding contractual commitment is formed only upon: (a) written acceptance of the quote or execution of an SOW/Purchase Order by the Client, and (b) written order confirmation by the Agency.
2.2 Scope Modifications & Change Orders
Any modifications to original Source Materials, target languages, formatting guidelines, delivery deadlines, or project scope requested by the Client post-confirmation shall be subject to a formal Change Order. The Agency reserves the right to adjust delivery schedules and assess additional professional fees accordingly.
3. CLIENT OBLIGATIONS & SOURCE MATERIALS
3.1 Quality and Completeness of Source Text
The Client is solely responsible for ensuring that all Source Materials are accurate, complete, legible, and final. The Agency shall accept no liability for translation errors, contextual misinterpretations, or project delays resulting from ambiguous, defective, incomplete, or altered Source Materials.
3.2 Terminology, Glossaries, and Style Guides
If the Client requires specific corporate terminology, industry-specific jargon, glossaries, or custom style guides, such assets must be delivered to the Agency prior to project commencement. In the absence of explicit instructions, the Agency will utilize standard professional terminology and standard industry language reference models.
3.3 Intellectual Rights & Authorization
The Client represents and warrants that it holds full copyright, title, license, and authority over all Source Materials submitted, and that providing such materials to the Agency does not violate any copyright, trade secret, non-disclosure covenant, or proprietary rights of any third party.
4. DELIVERY, REVIEW, AND ACCEPTANCE
4.1 Delivery Schedules
Target delivery dates are established in good faith. While the Agency employs reasonable commercial efforts to satisfy agreed timelines, delivery dates are estimates unless explicitly agreed in writing as “Time is of the Essence.” The Agency shall not be liable for minor delivery delays caused by technical disruptions, force majeure, or Client delays in responding to terminology queries.
4.2 Review Period and Defect Notification
Upon receipt of Deliverables, the Client shall have ten (10) business days (the “Review Period”) to inspect and verify the completed work.
Notice of Defect: If the Client reasonably identifies material translation errors, omissions, or failures to meet agreed specifications, the Client must submit a detailed written notice of defect within the Review Period, citing specific line items and error categories.
Deemed Acceptance: If no written notice of defect is submitted within ten (10) business days, the Deliverables shall be deemed unconditionally accepted, and the Client waives all rights to reject or dispute the invoice.
Remediation: Upon receipt of a valid notice of defect, the Agency shall, at its sole cost, correct and re-deliver the Deliverables within a commercially reasonable timeframe. Remediation by the Agency constitutes the Client’s sole and exclusive remedy for quality claims.
5. FEES, RATES, AND PAYMENT TERMS
5.1 Pricing Structure
Services are billed based on per-word rates, hourly rates, desktop publishing (DTP) fees, or fixed project rates as stipulated in the relevant SOW or Order confirmation.
5.2 Invoicing and Payment Terms
Unless custom credit terms are granted under a formal Master Services Agreement (MSA), invoices are payable within thirty (30) calendar days from invoice date. The Agency reserves the right to require an advance deposit (up to 100%) from new clients or for high-value orders.
5.3 Overdue Balances & Interest
Unpaid balances beyond the due date shall accrue interest at the rate of 1.5% per month (or the maximum statutory limit permitted by law). The Client shall reimburse the Agency for all costs incurred in collecting delinquent amounts, including court fees and reasonable legal fees.
6. INTELLECTUAL PROPERTY & LANGUAGE ASSETS
6.1 Source Material Rights
The Client retains all right, title, and interest in and to all original Source Materials supplied to the Agency.
6.2 Transfer of Copyright in Deliverables
Conditioned upon full and final payment of all outstanding project invoices, the Agency assigns and transfers to the Client all copyright, title, and intellectual property rights in and to the completed Deliverables.
6.3 Translation Memory & Language Assets
Unless expressly restricted in writing, the Agency retains ownership rights over non-confidential Translation Memories (TMs), glossaries, termbases, and custom Machine Translation (MT) models developed or compiled during project execution, provided no Client Confidential Information is publicly disclosed thereby.
7. CONFIDENTIALITY & DATA PROTECTION
7.1 Duty of Confidentiality
Both parties agree to protect and keep strictly confidential all non-public business information, proprietary technical data, financial details, and Source Materials (“Confidential Information”) received during the term of engagement.
7.2 Authorized Disclosure
The Agency shall restrict access to Confidential Information solely to employees, technical specialists, and vetted Third-Party Contractors who require access to perform the Services and who are bound by non-disclosure covenants no less restrictive than those herein.
7.3 Exclusions
Confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no breach of this Agreement; (b) was independently known to the Agency prior to disclosure; or (c) is required to be disclosed pursuant to a lawful court order or regulatory subpoena.
8. WARRANTIES & DISCLAIMERS
8.1 Quality Guarantee
The Agency warrants that its Services will be performed with professional care, skill, and competence in compliance with recognized international translation quality benchmarks (e.g., ISO 17100 standard processes).
| 8.2 DISCLAIMER OF WARRANTIES EXPRESS DISCLAIMER: EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES AND DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE AGENCY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE AGENCY DOES NOT WARRANT THAT THE DELIVERABLES WILL BE ENTIRELY UNINTERRUPTED OR ERROR-FREE IN ALL UNIFIED TECHNICAL ENVIRONMENTS. |
9. LIMITATION OF LIABILITY & INDEMNIFICATION
| LIMITATION OF LIABILITY 9.1 LIMITATION OF INDIRECT DAMAGES: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGENCY, ITS DIRECTORS, EMPLOYEES, AFFILIATES, OR SUBCONTRACTORS BE LIABLE TO THE CLIENT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9.2 AGGREGATE LIABILITY CAP: THE TOTAL CUMULATIVE LIABILITY OF THE AGENCY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO ANY ORDER OR THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES ACTUALLY RECEIVED BY THE AGENCY FROM THE CLIENT FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM. |
9.3 Client Indemnification
The Client agrees to defend, indemnify, and hold harmless the Agency, its corporate officers, employees, agents, and subcontractors against any third-party claims, suits, losses, liabilities, costs, and attorney’s fees arising out of: (a) alleged copyright or intellectual property infringement contained in the Source Materials; (b) libelous, unlawful, or defamatory content within Source Materials; or (c) the Client’s public deployment or commercial utilization of the Deliverables.
10. NON-SOLICITATION OF PERSONNEL
During the term of engagement and for a period of twelve (12) months following the completion of the most recent Order, the Client agrees not to directly or indirectly solicit, recruit, hire, or engage as an independent contractor any translator, interpreter, project manager, or linguist introduced to the Client by the Agency. Breach of this clause shall obligate the Client to pay liquidated damages equal to 50% of the candidate’s total annual standard remuneration or 100% of fees billed by the individual in the prior 12 months.
11. CANCELLATION & TERMINATION
11.1 Termination for Convenience
The Client may cancel an active Order at any time by issuing written notice. Upon cancellation, the Client shall immediately pay the Agency for: (a) all completed work accrued up to the date of notice at agreed contract rates; and (b) all non-refundable third-party costs already committed by the Agency.
11.2 Termination for Material Breach
Either party may terminate an SOW or this Agreement immediately upon written notice if the other party: (a) materially breaches any provision of these Terms and fails to remedy such breach within fourteen (14) calendar days of notice; or (b) becomes insolvent, enters receivership, or files for bankruptcy protection.
12. FORCE MAJEURE
Neither party shall be held liable or responsible for failure or delay in performing its contractual obligations (excluding payment obligations) if such failure arises from acts of God, extreme natural disasters, pandemic emergency orders, war, cyber warfare, national grid failures, or government restrictions beyond its reasonable control (“Force Majeure Event”). The impacted party shall notify the other party promptly and resume performance as soon as practicable.
13. GOVERNING LAW & DISPUTE RESOLUTION
13.1 Choice of Law
These Terms, and all claims or causes of action arising hereunder, shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict-of-law principles.
13.2 Informal Resolution & Binding Arbitration
The parties agree to attempt in good faith to resolve any contract dispute through executive negotiation prior to initiating formal litigation. Any dispute not resolved within thirty (30) days shall be submitted to final and binding arbitration under the rules of the Kenyan courts or equivalent regional arbitration body in the designated jurisdiction.
14. GENERAL PROVISIONS & CONTACT INFORMATION
If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall remain in full legal force and effect. These Terms constitute the complete understanding between the parties regarding translation services and supersede all prior oral or written agreements.
| Agency Legal Dept: | Kenya Translation Services |
| Legal Inquiries Email: | [email protected] |
Effective Date: July 22, 2026 | Version: 3.1 | Document Ref: POL-PRIV-2026-B
| DATA PROTECTION & CONFIDENTIALITY NOTICE This Privacy Policy outlines how [Insert Translation Agency Name, LLC] collects, uses, protects, and handles personal data and client source materials across our global translation, localization, and language intelligence services. We adhere to GDPR, CCPA/CPRA, UK GDPR, and international data protection standards. |
1. INTRODUCTION & SCOPE
Welcome to Kenya Translation Services (“Company,” “Agency,” “we,” “us,” or “our”). We respect your privacy and are committed to protecting the personal data of our clients, website visitors, vendors, freelance translators, and business partners.
This Privacy Policy governs all personal information processed by the Agency in connection with our website, client portals, translation management systems (TMS), APIs, machine translation infrastructure, and professional linguistic services (collectively, the “Services”).
2. DATA CONTROLLER & CONTACT INFORMATION
For the purposes of applicable data protection legislation (including the EU General Data Protection Regulation – GDPR), the data controller responsible for your personal data is:
| Data Controller Entity: | Kenya Translation Services |
| Data Protection Officer (DPO): | [email protected] |
3. TYPES OF DATA WE COLLECT
3.1 Personal & Business Account Data
We collect information directly provided by clients, prospective clients, and partners when requesting quotes, creating portal accounts, or executing agreements. This includes:
Contact Information: Name, email address, phone number.
3.2 Client Source Materials & Content Data
In providing language services, we process text, files, audio/video recordings, and media submitted by clients (“Source Materials”). Source Materials may contain embedded personal data belonging to third parties (e.g., contracts containing personal names, medical records, or legal documents).
3.3 Linguist & Subcontractor Data
For freelance linguists, translators, proofreaders, and technical contractors, we collect resumes, language certifications, tax forms (W-9/W-8BEN), payment credentials, background check results, and performance evaluation records.
3.4 Technical & Automated Usage Data
When accessing our client portal or website, we automatically log technical information including IP addresses, browser types, operating systems, language preferences, referring URLs, and session interaction metrics.
| STRICT DATA PRIVACY ASSURANCE NO PUBLIC AI MODEL TRAINING COMMITMENT: The Agency strictly guarantees that Client Source Materials, Translation Memories (TMs), glossaries, and completed Deliverables WILL NEVER be used to train, fine-tune, or enrich public Large Language Models (LLMs), commercial AI platforms, or third-party Machine Translation (MT) engines without explicit written consent. All automated translation technologies utilized in our workflow run on isolated, enterprise-grade, privacy-compliant servers with strict zero-data-retention agreements from underlying infrastructure providers. |
4. SUMMARY OF DATA PROCESSING PURPOSES & LEGAL BASES
Under the GDPR and similar international privacy frameworks, every processing activity must rest on a valid legal basis. Below is a summary of how we process your information:
| Data Category | Primary Processing Purpose | Legal Basis (GDPR) | Retention Period |
| Client Account Data | Application of translation, project management, customer support, and invoicing. | Contract Performance (Art. 6.1.b) | Duration of relationship + 1 years (tax/audit) |
| Source Materials & Content | Executing translation, editing, desktop publishing, and localization. | Contract Performance (Art. 6.1.b) | 30 days post-delivery (or client custom retention) |
| Linguist Vendor Data | Vendor onboarding, qualification testing, work assignment, and payment. | Contract Performance & Legal Obligation | Duration of active status + 1 years |
| Technical & Website Data | System security, portal performance, traffic analytics, and fraud prevention. | Legitimate Interests (Art. 6.1.f) | Up to 12 months |
5. CONFIDENTIALITY & DATA SECURITY SAFEGUARDS
We enforce rigorous administrative, physical, and technical controls to safeguard personal data and proprietary client content against unauthorized disclosure, alteration, loss, or destruction:
Encryption Standards: All data in transit is encrypted using TLS 1.3 encryption. Files stored at rest within our infrastructure use AES-256 bit encryption.
Access Controls & Role-Based Security: Access to project files is limited exclusively to authorized project managers and assigned linguists on a strict need-to-know basis.
Contractual Protections: Every employee, freelance translator, proofreader, and technical subcontractor must execute binding Non-Disclosure Agreements (NDAs) prior to accessing any materials.
6. DATA SHARING & SUB-PROCESSORS
We do not sell, rent, or trade personal information to third parties for marketing purposes. We share data only with trusted service providers under robust contractual safeguards:
Vetted Linguists & Translators: Professional linguists assigned to your projects receive source content strictly for translation and QA purposes under NDA obligations.
Enterprise Infrastructure Providers: Cloud hosting (e.g., AWS, Microsoft Azure), secure file storage, and translation management system platforms operating under GDPR-compliant Data Processing Agreements (DPAs).
Legal & Compliance Authorities: When required by law, subpoena, regulatory agency audit, or court order.
7. INTERNATIONAL DATA TRANSFERS
Because translation inherently involves cross-border collaboration across multiple time zones and language pairs, personal data and Source Materials may be processed outside the European Economic Area (EEA) or your home country.
When transferring data across international borders, we ensure adequate protections are in place by implementing Standard Contractual Clauses (SCCs) approved by the European Commission, UK Addendums, or ensuring recipients reside in countries recognized as providing adequate data protection.
8. DATA SUBJECT RIGHTS
Depending on your geographical location and applicable laws (GDPR, UK GDPR, CCPA/CPRA, LGPD), you enjoy the following rights regarding your personal data:
Right of Access & Portability: Request copies of personal data held by us, formatted in a structured, machine-readable format.
Right to Rectification: Request correction of inaccurate or incomplete personal information.
Right to Erasure (“Right to be Forgotten”): Request deletion of your personal data where no overriding legal basis or retention obligation exists.
Right to Restrict or Object: Object to or restrict specific processing activities, including marketing communications.
Non-Discrimination (CCPA): We will never discriminate against you for exercising any of your statutory privacy rights.
To exercise any of these rights, please contact our Data Protection Officer at dpo@[youragencydomain].com. We respond to all verified requests within 30 calendar days.
9. COOKIES & TRACKING TECHNOLOGIES
Our website and portal use essential, functional, and analytical cookies to maintain active login sessions, enhance portal security, and analyze site usage patterns. You can manage cookie preferences through your web browser settings or through our cookie consent banner upon visiting our site.
10. UPDATES TO THIS PRIVACY POLICY
We may update this Privacy Policy periodically to reflect operational changes, new regulatory guidelines, or technological enhancements. Updated versions will be posted on our website with a revised Effective Date. For material changes affecting client data processing, we will provide direct notice via email or portal notification.