FAST TRANSLATOR | |
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1. Definitions: In these terms and conditions1.1 Client is understood to be any natural or legal person (named on the Quote) who instructs translations agency Fasttranslator.com to carry out any translation or interpreting work. 1.2 Agreement means a Quote which the Client accepts in writing to Fasttranslator.com, including by the Client giving written notice to Fasttranslator.com to go ahead with the Services or by receiving payment confirmation on Fasttranslator’s system once the Client has processed payment up front through the credit card link provided in advance by Fasttranslator.com. 1.3 Confidential Information means any proprietary information, know-how, and data disclosed in confidence by one party to the other party (including, in the case of the Client: the Assignment). However, it does not include any information which (a) is in the public domain; (b) on receipt by the other party or 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. 1.4 Contract means a Contract comprising an Accepted Quote and these terms and conditions. 1.5 Assignment means the text/documents delivered to Fasttranslator.com by the Client and from Fasttranslator.com to the Client as a result of the Services. 1.6 Intellectual property includes all copyright, trademarks, designs, patents, domain names, concepts, know-how, trade secrets, logos, and all other similar property rights whether registered or unregistered. 1.7 Quote/Quotation means a Quote issued to the Client by Fasttranslator.com. 1.8 Services means the Services specified on the Quote. 1.9 Fasttranslator.com means Fastttranslator, Inc., a company registered in Delaware. 1.10 Deliverables means the final deliverables produced as a result of the Services. 2. Quotation and entering into an Agreement2.1 As long as translations agency Fasttranslator.com has not had the opportunity to assess the nature of the entire document to be translated and/or edited, any Quotation provided in this respect, including the fee and/or delivery date, will be free of engagement and may be withdrawn or modified at any time. 2.2 An Agreement will have been entered into after the Client accepts, either verbally or in writing, a Quotation issued by translations agency Fasstranslator.com, or if translations agency Fasttranslator.com sends a written confirmation of an Assignment granted by the Client. Written acceptance or confirmation is understood to include an acceptance or confirmation sent by fax and/or email. 2.3 Translations agency Fasttranslator.com will, in principle, confirm the Assignment in writing to the Client. Failure to send confirmation will not imply that the Agreement has not been entered into. 2.4 Unless the Client granting the Assignment explicitly states that he/she is acting by order of, on behalf of, or on account of a third party at the moment the Agreement is entered into and unless he/she states the name and address of this third party, translations agency Fasttranslator.com will consider the person who has granted the Assignment to translations agency Fasttranslator.com to be the Client. 2.5 If translations agency Fasttranslator.com has reasonable grounds to suspect that the Client is not able to meet his/her payment obligations, translations agency Fasttranslator.com is authorized to request additional security of payment. 2.6 Fasttranslator.com reserves the right to decline to issue a Quote or to provide any translation services if the source materials contain any material which Fasttranslator.com, at its discretion (and without any obligation on the part of Fasttranslator.com to review the source materials for appropriateness, legality, or otherwise), considers to be offensive, obscene, contrary to any law, or otherwise considered by Fasttranslator.com to be inappropriate. 3. Provisions of Services3.1 The Client must provide all information requested by Fasttranslator.com (via the website or through email) in respect to the Services and ensure that all such information is accurate and complete. 3.2 In case a Client orders the translation Services on a weekday but doesn’t confirm until the weekend, then it may result in a minor delay in the timeframe to complete. Fasttranslator.com will do everything within its power to ensure this does not occur; however, it will notify the Client as soon as possible on the first business day of any possible delay. 3.3 Fasttranslator.com has no responsibility to review the quality of the source materials for typographical or any other errors and has no liability to review the source material for, or to correct any errors or omissions contained in any source materials, regardless of the nature of such errors or omissions and regardless of the impact that such errors or omissions may have on the quality of the Deliverables. 3.4 After delivering the Assignment to the Client, Fasttranslator.com will not be held responsible for any consequences deriving from the Client’s own use of the delivered translations. 3.5 Fasttranslator.com will issue the Deliverables to the Client in accordance with Fasttranslator.com’s specifications on the Agreement or Quotation. Fasttranslator.com will use reasonable efforts to issue the Deliverables on or before the agreed delivery date / time, or where no specific delivery date/ time is agreed, within a reasonable time following receipt of the accepted Quote, but Fasttranslator.com accepts no liability for any delay in meeting the applicable timing. 4. Payment4.1 The Client will pay all applicable fees as specified in the Quotation, which will be due for payment or invoiced in accordance with the payment terms found on the invoice, unless alternative timing for payment being due or invoices being issued is specified in the accepted Quotation. 4.2 The currency will be specified in the Quote (such as USD, CAD, GGVP, NOK, SEK or EUR). 4.3 All payments must be made in full without deduction or set-off. 4.4 Where the Client is required to make a full or partial payment (prior to commencement of the Services), Fasttranslator.com will send a link to its safe website for credit card payment. 4.5 The standard rates are stated on the Fasttranslator.com website. 4.6 Besides the standard rate, translations agency Fasttranslator.com calculates fees depending on the nature, complexity, and technical nature of the translations, or if it needs to be translated very urgently. The aforementioned list is not exhaustive. 4.7 The rates stated exclude taxes. 4.8 Invoices shall be paid into the account of translations agency Fasttranslator.com, within 21 days after the date stated on the invoice. The Client will immediately be in default, without the need for proof of default, in the event of the non-timely payment of an invoice. In case of default, the Client is liable to pay the legal interest rate and all other debt collection costs, including non-timely payment administration costs of $ 50.00 and the administration and/or commission costs of the collection agency engaged by Fasttranslator.com. 5 Returns and refunds policy5.1 Fasttranslator.com will provide a refund to the Client in respect of the affected Services if: (a) Translation is no longer required: The Client terminates Agreement 2 hours after accepted Quote; (b) Non–Delivery of Translation: The electronic translation is not delivered to the Client after 4 Working Days from the delivery date specified in the Accepted Quote, except that no refund will be made if the Client has not provided all required information to Fasttranslator.com, as requested by Fasttranslator.com, in a timely manner; (c) Translations not-as-required: The Deliverables as supplied to the Client are significantly different from the deliverables required by the Client as specified in the accepted Quote (for example, the Deliverables are in the wrong target language); or (d) Translations contain gross errors: The Deliverables contain gross errors, provided that the Client must first, within the stipulated period, request revisions to correct any such errors and identify the errors in the Deliverable. If errors are identified or revisions are requested after the stipulated period, the Client will not be eligible for any refund. 5.2 In the event of any monetary refund, the return payment will be 100% of the amount paid by the Client for the affected Services less courier and handling costs, and only if the following actions/conditions have been completed/fulfilled within 10 Working Days of submission of the relevant Deliverable to the Client: (a) The request for a refund is received by Fasttranslator.com in writing via email sent to finance@fasttranslator.com. The request for a refund must include: Job #, date of acceptance, name of company under which the service was accepted, name of person the invoice was billed to, the email address used at the time of the acceptance of the required service, and the manner in which the service was paid for (i.e. credit card, direct deposit, or check). (b) The Client completed the required checklist providing the appropriate background, overview, audience, language tone, reserved words, and glossary terms as requested prior to dispatch of any of the Source Materials by Fasttranslator.com to a Fasttranslator.com translator. (c) Where applicable, the Client has clearly explained why any rectifications proposed by Fasttranslator.com would not be effective. (d) An undertaking that is endorsed by the Client and submitted to Fasttranslator.com that clearly states that the Client will not use the relevant Deliverables / translations delivered by Fasttranslator.com in part or in whole for personal, business, commercial, or any other purposes. 5.3 Fasttranslator.com will aim to investigate and, where it is applicable, process refunds within 5 Working Days of receipt of a refund request. However, refund requests may take up to 2 weeks to investigate and process. A reply will be sent to the Client after Fasttranslator.com has determined whether a refund is necessary. If Fasttranslator.com determines that the refund request meets the requirements of this clause 5, Fasttranslator.com will notify the Client in writing and advise the payment method that will be used to refund the amount paid. |