Terms of Service
PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. BY USING OUR SERVICE YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE TERMS OF USE AND PRIVACY POLICY, ALL OF WHICH ARE ENFORCEABLE AS ANY WRITTEN AGREEMENT NEGOTIATED AND SIGNED BY YOU AND GTS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT REGISTER OR USE OUR SERVICE.
This Translation Services Agreement (the “Agreement”) applies to your use of the online translation system (the “System”) owned and managed by Localization Technologies (LT), LLC, a Florida corporation, d/b/a Global Translations (“GTS” or “us” or “we”), which allows users to translate texts into different languages. It also applied to contracting of professional translation services provided by GTS.
1. SERVICES
Subject to the terms and conditions hereof, GTS hereby grants you access and permission to use the System for ordering translations into various languages (each, a “Translation”).
2. ORDERING AND FEE
A. When placing an order for a Translation (each, an “Order”), you shall receive a price quote informing you of the fee payable for such Translation (the “Fee”). Payment for services will be made by check, credit card or electronic funds transfer (EFT).
B. The client will contract services from the Vendor by accepting a price quote in writing. The customer will provide a Purchase Order (PO) or other acceptance of the price quote in writing either by email, fax or postal mail. The initiator of the quote request will be considered to be the accepted contact person on behalf of the client, unless she/he designates an alternate contact person in writing. All communications by the Vendor to the client contact person will be considered as binding on the part of the client. By accepting the quote, the client agrees to the terms and conditions outlined in these terms and conditions.
C. All Fees payable under this Agreement shall be made net of any deductions and/or taxes.
D. All price quotes provided by the Vendor are non-binding on the part of the Vendor and can be cancelled by the Vendor at any time prior to acceptance of a Purchase Order (PO) issued by the client.
E. Price quotes will always include a scheduled delivery time. Delivery times are always based on best estimates. As the Vendor use a human process which is subject to stringent quality standards, shifts in delivery times may occur. The Vendor will not be held responsible in any way for delays in delivery.
3. ORDER CANCELLATION AND TRANSLATION PREVIEW
A. You may cancel an Order while it is in “Pending Status” (as displayed by the System). Upon such cancellation your Fee will be reimbursed. Once our translator starts working on the Order, it will no longer appear in Pending Status and you will not be able to cancel it.
B. Once the Translation is ready, our System will allow you to preview it before approving the Translation. If the preview reveals translation errors or other problems, you will be able to report this to us and we will revise the Translation accordingly. If you are still not satisfied by the revised Translation, you may submit a complaint to [email protected] and our representative will contact you to try and resolve the matter to your satisfaction.
C. Once you receive the Translation, the Fee will not be refundable.
4. PAYMENT TERMS
Payment for services will be made by check, credit card or electronic funds transfer (EFT). Time of payment will be negotiated between the client and the Vendor for each order. Delays in payment are considered to be harmful to the client-Vendor relationship and may result in refusal to accept orders for additional translation services.
5. YOUR ACCOUNT
A. In order to place an Order, you are required to open an account on GTS’s website. The account will either be directly opened by the client or by GTS staff.
B. You are solely responsible for making sure that all information provided by you in the account, including contact information and payment information, is correct, as well as for following all procedures established by GTS in this respect.
C. You are solely responsible for the activity that occurs in your account and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of GTS or others due to such unauthorized use. GTS will not be liable for your losses, including but not limited to, loss of profit, caused by any unauthorized use of your account.
6. PROPRIETARY INFORMATION
A. GTS, for itself and on behalf of its licensors, hereby reserves all intellectual property rights in the System.
B. GTS will respect the confidentiality of all content submitted by our clients, whether the submission is for the purpose of a price quote or as an actual order. The files will be maintained on a secure server, using data encryption for transmission on the Internet where needed. All GTS employees that handle customer content are signed to a strict confidentiality agreement.
C. With respect to the content submitted by you for translation on our online system, including any content thereof (the “Content”) as well as the Translation, you hereby represent that:
i. you are the sole owner of the Content and the website on which the Content and/or the Translation is, or will be, displayed. You further represent that you hold all necessary rights and permissions to submit the Content for translation, and for the Content and the Translation to be displayed on the website;
ii. The Content does not violate any third party’s copyrights, trademarks, patents, or other intellectual property, privacy or other rights, nor does it include any adult, sexual, obscene, hate, violent or otherwise offensive or illegal expression.
D. GTS shall not reproduce, publish or display the Content or the Translation for any third party.
7. LIABILITY AND INDEMNIFICATION
LIMITATION OF LIABILITY- IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT FOR YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 6.2 ABOVE, EACH PARTY’S TOTAL LIABILITY TO THE OTHER FOR ANY CLAIM UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY YOU TO GTS IN CONNECTION WITH THE ORDER GIVING RISE TO SUCH CLAIM.
A. GTS’s sole responsibility under this Agreement is to provide you with the Translation in accordance with the terms of this Agreement. Although GTS uses its reasonable commercial efforts to make the System and the Translation as accurate and reliable as possible, it cannot and does not warrant that the System or the Translation shall be accurate, complete, reliable, current, or error-free. GTS makes no warranties or representations, express or implied, in law or in fact, including any implied warranties of merchantability and fitness for any particular purpose, or non-infringement, in connection with the System or the Translation.
B. GTS shall in no event be liable for any actual or potential damage that may be caused to you and/or to any third party, arising from use of the System or the Translation. You shall defend, indemnify and hold harmless GTS and its employees, directors and representatives from and against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable attorney’s fees), arising out of or related to your use of the System and/or the Translation, including without limitation, any claim made by a third party asserting that the Content and/or the Translation infringes its intellectual property, privacy or other rights.
8. MISCELLANEOUS
A. GTS holds the right to modify or terminate the services offered by the System and/or terminate this Agreement, at its sole discretion. You hold the right to discontinue use of the System at any time (subject to your compliance with Section 3 above).
B. This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof.
C. This Agreement will be governed by the laws of the State of Florida, with exclusive jurisdiction to the applicable federal or state courts of Miami, FL.