Lingo365 Terms and Conditions for Customers
These Terms and Conditions ("Terms") form the contract between Lingo365 ("the Company") and yourself ("the Translator") for the supply by the Company to the Translator of the Services (as hereinafter defined). BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS THEN PLEASE DO NOT USE THIS SITE.
Table of Contents
- General Conditions
The Customer can get multilingual translation and related services for a fee through the Lingo365 website. The translations are carried out by Lingo365 or contracted translators. The realization and implementation of the respective contract is executed through use of Lingo365.com website. In all cases the customer is the contractual partner of The Company only, not the translator, who may be contracted by The Company.
- Lingo365 is entitled to modify or amend these terms and conditions at any time without prior announcement. The customer is entitled to object to any such alteration within a period of 7 days in the event the modifications or amendments are of a disadvantage to him/her; thereafter the modifications and amendments become valid.
- Lingo365 may collaborate with third party companies in order to be able to provide you with its services. You accept that these companies may provide you with these services on behalf of Lingo365.
- You accept to receive emails from Lingo365, at the email address you provided on registration. You may change this address at any time on your account management.
- You accept that you are solely responsible for all activity on your account, and you agree to respect the current legislation when using the services.
- Scope of Services
- Lingo365 agrees to translate, or have the text submitted by the customer translated, into the requested language by a contracted translator in an appropriate and professional manner and to ensure that the translation is carried out without omissions, additions or other content changes.
- Individual subject terminology established by the client is taken into consideration only upon prior agreement, if sufficient and complete documentation, i.e. previous translations or glossaries are supplied upon placing the order. Otherwise, specialist terms shall be translated in accordance with the quality norm as outlined in section.
- Translations are limited to text only. If the text contains pictures ( i.e. graphics, comics, etc. ), The Company may choose to either accept or decline translation of these sections or the entire text. This applies also if the text consists of culpable or illegal content in violation of public morals. No compensation entitlement is due upon rejection.
- For Services such as Localization, Multilingual Website Localization, DPT, Transcription, Voice over, etc. Please contact our project manager to confirm your order first before you pay.
- Use of Service
- The Customer is at all times responsible for the use of the Services.
- Where the Customer accesses the Services by means of the Internet, the Customer is responsible for providing access to the Services, including but not limited to a computer, modem and/or additional communications equipment and a telephone line capable of and necessary for connecting to and accessing the Services. The internal network configuration remains the responsibility of the Customer. Any interruptions to the Services that occur as a result of an internal configuration issue are not deemed as an interruption or suspension of the Services.
- The Company expressly has no responsibility for the content of the documents submitted to it by the Customer, nor does the Company have any responsibility for the implications of any of its translations.
- The Customer will indemnify the Company against all liabilities, losses, or costs that the Company may incur, in consequence of any claim that may be made against the Company in consequence of the content of any document translated by the Company.
Inquiry and Order
- The Customer may enquire about ordering a translation via the website Lingo365.com. The Company shall then consistently provide a quote and time sensitive price calculation to the customer online. The contract between The Company and the Customer becomes valid upon the customer's order confirmation at Lingo365.com. Non-withstanding, The Company is authorized to revoke the contract when under technical or content reasons. In the event of a rejection neither party is obliged to perform or claim reimbursement.
- The Company may base the contract execution on written verification of valid authorization for an advance payment.
- The Company reserves the right to adjust the contract price even if the Customer had paid while at the same time the Company will notify the Customer. These will happen mostly for additional services by the customer.
- Delivery deadlines are the estimate and they will be obligatory only if previously confirmed in writing by Lingo365.
Acceptance and Complaints
- Upon translation, the translated text is made available to the customer on the Lingo365 server as a downloadable data file. At the same time the customer is notified of the completed project via email and advised of the storage address for download.
- Obvious deficiencies of the translation noticed upon download or other modes of transmittal to the customer, shall be, in accordance with the commercial business trade, reported immediately in writing and outlining the discrepancies. Hidden discrepancies shall be reported immediately upon discovery. In any case, Customers are requested to make their Lingo365 project manager aware of any problems regarding the quality of the translation received no later than 2 weeks after the commissioned project was delivered. Otherwise the translation shall be assumed contractually executed and acceptable.
- Other deliveries, i.e. per mail, email shall be conducted only upon specific separate agreement.
- The customer is exclusively responsible for the retrieval via download to their hard drive/cache memory and shall hold Lingo365 exempt from liability. If other delivery arrangements have specifically been agreed upon (mail, email) the possible loss of the translation shall be the responsibility of the courier at delivery, or in the event of transmittal via email, shall be the responsibility of the customer.
- If the translated text is not sufficient in accordance with the contractual agreement the customer shall allow an acceptable time frame for correction of a minimum of 10 days by Lingo365. Corrections are excluded if the discrepancy has been caused by the customer, i.e. by incorrect or incomplete information or faulty original text.
- Upon expiration of the agreed upon time frame the customer may request a termination of the contract or a reduction or compensation if the discrepancy has not been resolved in a timely manner. The entitlement excludes minor discrepancies that only insignificantly impact the quality of the translation.
- The customer may cancel the order at any time prior to the completion of the translation.
- If an allocated order is cancelled the customer is obligated to compensate for the costs of the completed portion of the translation at that time. All work already effected shall be billed at 100%, while work which is suspended shall be billed at 50%.
- Documentation provided by the customer for translation purposes shall be returned immediately upon completion or termination without reminder. The customer data or translation file provided within the scope of the contract remains with Lingo365 for archive purposes, unless the customer specifically requests that his personal data or the supplied text for translation be deleted.
- Lingo365 Credit. You need to pay to use certain Products. To purchase payable Products You need a sufficient balance of Lingo365 credit, which is credit purchased by You from Lingo365 and allocated to Your User Account (“ Ling365 Credit”). You must deposit sufficient Ling365 Credit in Your User Account through Your debit or credit card, PayPal, promotional voucher, or other means which may be made available by Ling365. Ling365 reserves the right to stop accepting debit or credit cards from one or more issuers.
- The price payable by the Customer for the Services shall be set out in the order or invoice directly relating to the Services provided by the Company, or otherwise agreed with the Company by email or other correspondence.
- Unless otherwise specified, all invoices must be paid within 5 days from the date they are issued.
- The Company reserves the right to charge Customers by Credit Arrangement at its sole discretion.
- The Company reserves the right to demand payment in advance at its sole discretion.
- The Company reserves the right to charge Customers any bank transfer fees and expenses and any other currency conversion costs in addition to the Fee.
- All work in progress and all orders in progress shall be suspended in the event of late payment.
- The Company reserves the right to charge interest on any amounts due by the Customer to the Company that are not paid on the due date, at the rate of 5% above the base rate from time to time of HSBC from the due date until the outstanding amount is paid in full. Interest shall accrue on a daily basis.
- Rights applicable to the translation services are restricted from transfer until payment of compensation has been rendered in full.
- Liability, Warranties and Limitations
- The Company warrants to the Customer that the Services will be provided using reasonable care and skill. The Company expressly does not give the Customer any other warranties whatsoever and excludes any implied warranties to the maximum extent permitted by law.
- Except in respect of death or personal injury caused by the Company's negligence, or as expressly provided in these Terms, the Company shall not be liable to the Customer for any representation (unless fraudulent), or any implied warranty, condition or other term, for any duty at common law, for any loss of profit or any indirect, special or consequential loss, damage, cost, expenses or other claims (whether caused by the negligence of the Company, its agents or employees or otherwise) which arise out of or in connection with provision of Services or their use by the Customer. Notwithstanding this clause, where a Customer can prove to the Company that he or she has suffered consequential loss, he or she shall be able to make a claim to recover this from the Company. In such circumstances, where there is dispute between the parties as to whether the said Customer has suffered such consequential loss, the matter may be referred to an independent arbiter chosen by the parties who shall act as an expert and whose decision shall be binding on the parties and whose costs shall be shared equally between the parties. Customers may reasonably refuse to have the matter referred to arbitration in accordance with this clause.
- Where the Company translates any legal or other documents of a technical nature and content, the Customer fully understands that the Company is not an expert in such matters and that no reliance whatsoever can be placed on the translation being completely accurate. It is the Customer's sole responsibility to take legal advice in the relevant jurisdiction before placing any reliance on the translated document. The Company shall not be liable for any such reliance, nor any other loss that the Customer may incur.
- The Customer expressly agrees the use of the Services is at the Customer's sole risk. The Company, its agents, contractors, licensers and employees do not guarantee that the Services will be uninterrupted or free from error.
- The Company will use its best endeavors to deliver the Services within any agreed time, but shall not be liable to the Customer or be deemed to be in breach of the Terms by reason of any delay in performing, or any failure to perform, any of the Services, if the delay or failure was due to any cause beyond the Company's reasonable control. For the purposes of this clause, the following occurrences shall constitute circumstances which are beyond the Company's reasonable control:
(a.) electricity or telecommunication failure of whatever means; or
(b.) acts of god, riot, war, invasion, acts of terrorism, hostilities (whether declared or not), civil war, rebellion, legislation changes, flood, fire or drought.
- The Company shall keep confidential all information and documents delivered to it by the Customer and shall not disclose any such information or the contents of such documents to any third party unless compelled to do so by law.
- The entire liability of the Company under or in connection with the provision of the Services shall not exceed the amount of the Company's charges for the provision of the Services, except as expressly provided in these Terms, except where liability cannot by law be limited.
- The Company contracts under these Terms solely with the Customer and expressly has no contractual relationship or liability of whatever nature under these Terms to any third party.
- These Terms shall exclusively govern the contract between the Company and the Customer to the express exclusion of all other terms and conditions whatsoever. In the case of Customers, any statements made by the Company or its employees or agents may form the basis any contract made between the Company and the Customer.
- Unless specifically agreed upon in writing, Lingo365 does not guarantee that the respective translation is permissible or appropriate to the customer's purpose. This applies especially in the event that the translation is published or used for marketing purposes. The customer exclusively bears all legal risks pertaining to the servitude or publication of the translated texts.