Terms and Conditions ("Terms")
Please read these Terms and Conditions ("Terms","Terms and Conditions") carefully before using the www.Translators.com website (the "Service") operated by Translators.com ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Definitions: In these terms and conditions:
1. “Confidential Information” means any proprietary information, know-how and data disclosed in confidence by one party to the other party (and including in the case of the Client the Source Materials and the Deliverables), but does not include any information which (a) is in the public domain; (b) on receipt by the other party is already known by that party; (c) is at any time after the date of receipt by the other party,received in good faith by that party from a third party; (d) required by law to be disclosed by the other party;“
1.2 “Contract” meansa contract comprising an Accepted Project and these terms and conditions;
1.3 “Deliverables”means the final deliverables produced as a result of the Services;
1.4 “Intellectual Property” includes all copyright, trademarks, designs, patents, domain names,concepts, know-how, trade secrets, logos and all other similar property and rights whether registered or unregistered;
1.5 “Services” means the services specified in the Contract;
1.6 “Source Materials” means the document/s submitted by the Client to Translators.com fortranslation, as identified in the Quote;
1.7 “Translation”means a translation or any other translation-related tasks such as transcription, editing (revision and review), proofreading, etc., that require the skills of a translator;
1.8 “Translator”means the contractor that performs translation services for Translators.com and/or on behalf of its clients;
1.9 “Translators.com”means Translators.com, Inc. a company registered in the State of Florida;
1.10 “Website” means Translators.com’s website at www.Translators.com;
1.11 “Business Day”means any day other than a Saturday, Sunday or public holiday in The United States of America;
Communications
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate,complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on theService.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service.You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person orentity or that is not lawfully available for use, a name or trademark that issubject to any rights of another person or entity other than you, withoutappropriate authorization. You may not use as a username any name that isoffensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts,remove or edit content, or cancel orders in our sole discretion.
Relationship Between Parties
Translator serves as an independent contractor ofTranslators.com in the performance of Translator's Services under this Agreement. Nothing contained or implied in this Agreement creates a relationship of employer–employee between Translators.com and Translator nor does it create a joint venture, partnership, or similar relationship betweenTranslators.com and Translator. Translator is free from direction and control over the means and manner of providing the Services, subject only to the right of Translators.com to specify the desired results.
Translator understands and agrees that (a) Translator must file all corporate and/or individual tax returns and pay Federal and State taxes, as appropriate; (b) Translators.com is not responsible for withholding any income or any other taxes with respect to Translator’s fees; and (c)Translator has no claim against Translators.com for any employee benefits of any kind. Translator bears the full expenses of its operations. Translators.com is not liable to Translator for any expenses paid by Translator, unless such expenses have been agreed in advance in writing. Any reference made in this Agreement to "in writing" includes e-mail and/or facsimile communications.
Compensation and Payment.
Translators.com agrees to pay Translator the fee(s) set forth in each project assignment for Services. Any fee(s) agreed in advance between Translator and Translators.com become(s) binding only after Translator has received and reviewed the source material and Translators.com’s instructions, and both parties have agreed in writing on the projects specifications. Supplementary charges may also be agreed in advance, for example those arising from: (a) inconsistent text, poorly legible copy, or complicated layout or presentation; and/or (b) certification; and/or (c)priority work or work outside normal business hours. If any changes/revisions are made to the source text or project specifications at any time while the task is in progress, Translator 's fee, charges, and terms of delivery may be adjusted by mutual agreement in writing. In the event a project assignment is cancelled while the task is in progress, Translator 's fee is payable for all work completed up to the notice of cancellation, provided such work is made available to Translators.com.
Payment in full must be made by Translators.com to Translator no later than 45 days from receipt of invoice by the method of payment specified in writing between the Parties. Translator is entitled to charge a late fee for any undisputed overdue payments. In no event should payment to Translator be contingent upon payment to Translators.com by the party who commissioned the work.
Delivery
Any delivery date(s) agreed to in advance between Translator and Translators.com become(s) binding only after Translator has received and reviewed the source material and Translators.com’s instructions, and both parties have agreed in writing on the project specifications. Unless otherwise agreed, Translators.com can reasonably expect to receive the assigned project no later than the normal close of business on the agreed-upon date of delivery.
Quality Assurance
Any delivery date(s) agreed to in advance between Translator and Translators.com become(s) binding only after Translator has received and reviewed the source material and Translators.com’s instructions, and both parties have agreed in writing on the project specifications. Unless otherwise agreed, Translators.com can reasonably expect to receive the assigned project no later than the normal close of business on the agreed-upon date of delivery.
Term
This Agreement remains in effect indefinitely or until a new“Agreement” is negotiated. Translator understands and agrees that Translators.com will be utilizing Translator's Services only on an as-needed basis and at Translators.com's discretion. The Translator may, without penalty,decline to accept.
Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Translators.com and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Translators.com.
Confidential Information
The parties recognize and acknowledge the confidential nature of the Confidential Information.
Neither party may disclose any Confidential Information other than:
to its directors, employees, contractors or subcontractors to the extent necessary in the performance of the Contract;
with the express prior written consent of the other party.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Links To Other Websites
Our Service may contain links to third party web sites or services that are not owned or controlled by Translators.com.
Translators.com has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Translators.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation,ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Translators.com and its licensee and licensors, and their employees,contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses(including but not limited to attorney's fees), resulting from or arising out of
a) your use and access of the Service, by you or any person using your account and password;
b) a breach of these Terms, or
c) Content posted on the Service.
Limitation Of Liability
In no event shall Translators.com, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
your access to or use of or inability to access or use the Service;
any conduct or content of any third party on the Service;
any content obtained from the Service; and
unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) orany other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied,including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Translators.com its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted,secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us.
