Terms and Conditions
The following Terms and
Conditions constitute a legally binding agreement ("The
Agreement") between you ("Client") and EC Tercume
("EC") regarding access to and use of the SipSakCeviri.com
website ("website") and its associated machine and/or
human-based translation services ("Services") rendered or
to be rendered by EC.
By accessing or using the
website or Services, you agree to be bound by these Terms and
Conditions of Service. If you do not wish to be bound by these Terms
and Conditions of Service, you should leave the website now.
For the purposes of this
Agreement,
"Source Material(s)"
shall mean any electronic or other files that the Client transmits to
EC using the website that are intended to be the subject of services
hereunder
The final translated version
of the Source Material(s) shall be referred to as "Deliverable"
or "Deliverables"
Each order or formal request
for the provision of Services shall be referred to as an "Order".
SipSakCeviri.com is an
online translation ordering site.
The charge for the
translation is based on word-count, language(s) and service
requested. The word-count, as determined by EC, is final and
non-negotiable. The word-count is clearly visible throughout the
ordering process. Any changes to this word count will be
communicated to the Client for approval.
All prices and rates
quoted are subject to change without notice prior to formal
acceptance of any Order. EC reserves the right: to charge for
additional Services requested after an Order has been accepted;
alter without notice the currency in which the transaction is
processed and/or billed.
It is the responsibility
of the Client to select the appropriate service for the translation
of the Source Material(s). EC will not accept any responsibility if
the service selected does not meet the specific requirements of the
Client.
The Client can request a
translation by uploading and submitting Source Material(s) to the
website.
The translated files
will remain accessible through the website for a period of six
months after completion unless otherwise agreed.
EC will not be liable to
correct any errors or omissions that were inherent in the original
Source Material(s) and which may or may not affect the quality of
the Deliverable.
Source Material(s) will
be virus checked upon receipt by EC.
EC reserves the right to
refuse to translate any Source Material(s) that is/are of an
offensive nature, defamatory, obscene, in breach of any statutory or
regulatory obligation, or is otherwise considered inappropriate by
EC, whose decision in all matters shall be binding and conclusive.
The services can be
utilized by selecting either Academical and Personal Account or Business Account.
Academical and Personal Accounts are
for individuals, payment is by EFT only and all service
levels and languages are available.
Business Accounts are
for use by companies or other legally incorporated bodies only:-
The first named person
on the account is the authorized business user, who has authority
to add/remove users to the account.
Several users can be
added to one Business Account, with the ability to grant/restrict
access to the website. It is the responsibility of the Client to
update/edit and remove users, EC accepts no liability in relation
to user access to the account.
Payment can be via
multiple credit cards or by purchase order. EC will need to approve
the purchase order prior to any orders being commenced.
The Client will have
the ability to set translation profiles on the Business Account
determining each users payment methods.
EC provides an estimate
service - this is quoted on a without prejudice basis based on the
information provided and shall be subject to such Terms and
Conditions and fees as EC may direct.
EC Warranties
EC warrants that the
proofread Express Translation Service and proofread Premium
Translation Service will meet reasonable commercial standards for
professional human translation (i.e. human translation by a
bilingual translator with reasonable skill in translating the
concepts and terminology of industry-specific text with a proofread
by a second translator).
EC warrants that the
non-proofread Express Translation Service and non-proofread Premium
Translation Service will meet reasonable standards for professional
human translation (i.e. human translation by a bilingual translator
with reasonable skill in translating the concepts and terminology
of industry-specific text, but not proofread by a second
translator).
Times for expected
receipt of the Deliverable are displayed at the time of order
(Projected Delivery Date). EC will use its best efforts to meet
these deadlines but does not accept liability for any delay in
delivery. EC reserves the right to amend the delivery date and will
make all reasonable efforts to contact the Client if there is any
change in the Projected Delivery Date.
Payment is due at date
of order, unless a Business Account using an approved purchase order
system has been established in which case, payment is due 30 days
from the date of invoice.
For Business Accounts,
EC will only accept Orders from valid Business Account users. Every
Order will be validated prior to any work commencing. EC reserves
the right to decline any Order or to cancel any Order prior to
delivery.
Business Accounts using
an approved purchase order system will be invoiced at the end of
each calendar month for all Orders completed in the month.
Payment can be in Pounds
sterling, US Dollars or Euros. NB: Once an account is set up for one
of these billing currencies it cannot be changed.
EC uses the latest
encryption technology to keep your personal details safe. The
website has a VeriSign Secure Server ID and VeriSign has verified
the organizational name and the proof of right to use it. All
information sent to the website is encrypted and protected against
disclosure to third parties.
The Client has 10 days
from receipt of the final Deliverable to inform EC or any errors or
omissions contained in the translated work. EC will make the
necessary corrections free of charge and within a reasonable
timeframe.
Client Warranties
The Client represents
and warrants that it owns or is licensee of the Source Material(s)
and all components thereof, and that translation of the Source
Material(s) and publication, distribution, sales or other use of
the deliverable shall not infringe upon any copyright, trademark or
patent, or other right of any third party.
The Client represents
and warrants that Source Material(s) submitted to the website
is/are of good quality and free of errors or spelling mistakes.
The Client warrants not
to use any device, software or routine to interfere with the proper
working of the website or which may have a contaminating or
detrimental effect on the website.
EC makes no
representations or warranties of any kind, except as set forth
above. WITHOUT LIMITING THE FOREGOING, THE SERVICES ARE PROVIDED ON
AN 'AS IS' AND 'AS AVAILABLE' BASIS AND WITHOUT ANY OTHER WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
EC shall not be liable
for any incidental, special or consequential damages or loss of any
nature whatsoever, nor for any claim against the Client by any other
person or entity, arising from or relating to services rendered by
EC, regardless of the nature of the claim or the form of the cause
of action, whether in contract or in tort, or otherwise, and even if
EC has been advised of the possibility of such damages by anything
contained in related proposals and other documentation. EC shall not
be responsible for any loss or damage to, nor the return of, any
Source Material(s). The maximum liability to the Client by EC shall
in all cases, other than those involving death or personal injury,
be limited to the value of the Order.
In the event that the
Client breaches this Agreement, EC shall have the right to terminate
immediately, whereupon the Client shall pay the full purchase price
provided hereunder for the services completed and for all work in
progress. In the event that EC breaches this Agreement, the Client
shall have the right to terminate whereupon EC shall return to the
Client all Source Material(s) and data supplied by the Client
together with all Deliverables that exist as of the date of
termination.
All right, title and
interest in and to the Source Material(s) and, except as hereunder
provided, the Deliverables, and any and all patent rights,
copyright, know-how, and trade secrets therein are and remain the
sole and exclusive property of the Client. Notwithstanding the
above, the Client acknowledges that EC is the sole and exclusive
owner of all right, title, and interest in and to all
methodology,
information, software, and databases used in translating the Source
Material(s), and
inventions,
methodology, innovations, know-how, and databases developed by EC
in the course of translating the Source Material(s), including any
and all patent rights, copyrights, know-how, and trade secrets
therein. Provided that the Deliverables and copyright, know-how and
trade secrets therein shall remain the property (but not the risk)
of EC until EC shall have been paid in full for such Deliverables.
The nature of the work
performed and any information transmitted to EC by the Client shall
be confidential. EC shall not without the prior consent of the
Client, divulge or otherwise disclose such information to any person
other than authorized employees or authorized subcontractors of EC
whose job performance requires such acts. The provisions of this
paragraph shall not apply to the extent EC is required by law to
divulge such information or to the extent such information is or
becomes a matter of public knowledge other than by disclosure by EC.
The Client shall
indemnify, defend, and hold harmless EC, its owners, directors,
officers, employees, representatives, agents, successors and assigns
from and against any and all losses, damages, costs and expenses,
including reasonable legal fees, resulting from, arising out of or
incidental to any suit, claim or demand based on (i) the performance
of this Agreement by either party, (ii) the Client's breach of the
covenants, representations and warranties made by it herein, (iii)
the manufacture, advertisement, promotion, sale or distribution of
any items by the Client, (iv) any taxes and duties, levies, tariffs,
or like fees that may be imposed by any government or collective
authority upon manufacture, advertisement, promotion, use, import,
licensing or distribution of items by the Client, or (v) any claim
that any element of the Deliverable infringes any copyright,
trademark, patent, or other proprietary right.
EC may terminate the
rights of the Client without cause at any time and with immediate
effect.
All disclaimers,
indemnities and exclusions in the Agreement shall survive
termination for any reason.
If any part of these
Terms and Conditions is held to be unlawful, invalid or
unenforceable, that part shall be deemed severed and the validity
and enforceability of the remaining Terms and Conditions shall not
be affected.
EC may modify these
Terms and Conditions at any time.
This Agreement is to be
governed by and construed in accordance with English Law. Any
disputes shall be subject to the exclusive jurisdiction of the
English courts.
25/01/2006
|
