Agreement

Welcome to Online Polyglot, we are providing the services available on this website to clients subject to the following terms and conditions. Online Polyglot and you, the client, agree that the terms and conditions shown below will apply to Online Polyglot document translation services provided or to be provided by Online Polyglot to you. Submission of the original documents for translations, regardless of media, constitutes acceptance of all these terms and conditions. By client’s consent, client represents and warrants that he or she has read, understood and expressly agrees to be bound by the terms and conditions contained in this agreement. Definitions: "Client" shall mean but not be limited to the individual person, program, operating system, end user, entity, electronic agent or system consenting to and entering into this agreement on the Online Polyglot website. "Source Materials" shall mean the documents, materials, and other items that the client provides to Online Polyglot for the translation under this agreement. "Translation" shall mean the final, translated version of the source materials provided by Online Polyglot to the client. "Delivery Date" shall mean the date that Online Polyglot shall provide the translation to the client. "Consent" shall mean the client’s placement of a check mark in the box set forth on the applicable page of the Online Polyglot website indicating that client has read the agreement and consented to be bound by this agreement. "Website" shall mean online-polyglot.com and all pages of online-polyglot.com. "Price" shall mean the total amount that the client agrees to pay to Online Polyglot for the translation. "Modifications" shall mean any revisions, alterations, amendments, changes, or any other requests to modify the source materials or the translation by the client. Price and Delivery Date Terms for the Translation: Prices and availability of the services listed on the Online Polyglot website are subject to change without notification. The prices displayed on this website are quoted in U.S. dollars and are valid and effective only in the United States. The client hereby agrees to pay a non-refundable $40.00 deposit for the translation to Online Polyglot. Online Polyglot shall notify the client via an email regarding the price and any price changes for the translation. The client agrees that the price for the translation is owed. The payment for the translation shall be made via Pay Pal using encryption communications, ensuring that payments are made in a secure format. In the case of an unsuccessful transaction, Online Polyglot will contact the Client for the order confirmation and payment details prior to the translation process. The client agrees to pay all properly invoiced charges to Online Polyglot within ten (10) days of the invoice date. Terms and Conditions: Delivery dates are provisional, unless an explicit written agreement stipulates otherwise. Online Polyglot shall notify the Client immediately if it perceives that it will be unable to meet an agreed upon translation delivery date. If a fixed delivery date is specifically provided for in writing and Online Polyglot fails to meet it for reasons other than matters beyond its control, the client shall be entitled to cancel the contract. In such cases, however, Online Polyglot shall not be liable for any damages and/or client’s losses whatsoever. Delivery shall be deemed to have taken place at the moment the translation is sent by post, fax, telex, courier, modem, the Internet, etc. Data sent by electronic mail is deemed to be delivered to the client as soon as the medium has confirmed sending the message. The Client shall assist Online Polyglot in the translation execution by doing whatever may be necessary to insure its timely execution. The client shall do everything in his/her power to facilitate delivery of the translation produced by Online Polyglot under this agreement. Any refusal to accept the translation shall constitute default on the part of the Client, and the provisions of this agreement shall apply accordingly, even if no explicit request for acceptance has been made. In case of delay in delivery, Online Polyglot may provide a discount to the Client. Online Polyglot is not bound to take any such action and it is solely at the discretion of Online Polyglot to decide the amount of discount to be offered. If the translation involves input or information from the Client or any third party then Online Polyglot would not be responsible for any delays due to time taken by interaction and processing of data acquired. There is no compulsion on Online Polyglot to complete rush jobs in the time agreed due to the nature of such jobs. The client would be informed if there is a delay and the client would award additional time if possible. Online Polyglot will use its best judgment in the selection of language terms relative to the context of the original document. Any changes in the translation that are requested by the Client will be quoted by Online Polyglot and paid by the Client under this agreement. Online Polyglot shall correct, free of charge, an indisputable mistranslation, a grammatical mistake, an omission, or a typo. Online Polyglot’s sole obligation with respect to errors shall be the obligation to correct the translation at no cost to the Client. Privacy of information and communications: In providing the translation Online Polyglot will make a reasonable effort to ensure the privacy of the client’s information and communications. Online Polyglot shall not use for any purpose whatsoever any personal information about the client except when specifically and knowingly authorized to do so by the Client other than to provide services under this agreement. The nature of the work performed and any information transmitted to Online Polyglot by clients shall be confidential. Under applicable law Online Polyglot may be obligated to reveal information or communications which evidence or constitute criminal activity. Disclaimer of warranty: ONLINE POLYGLOT MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE, EXPRESSED OR IMPLIED, ABOUT THE TRANSLATION, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR TIMELINESS OF ANY TRANSLATION. ONLINE POLYGLOT DOES NOT WARRANT THE AVAILABILITY OF TRANSLATION SERVICE FOR ALL LANGUAGE PAIRS AT ALL TIMES AND ONLINE POLYGLOT SPECIFICALLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY AGREEING TO THESE TERMS AND CONDITIONS, ONLINE POLYGLOT WILL NOT BE LIABLE FOR ANY POTENTIAL HARM OR DAMAGES DUE TO THE DISCRETION OF THE TRANSLATIONS. Exclusive limitation of liability: ONLINE POLYGLOT CHARGES FOR TRANSLATION ARE ESTABLISHED IN RELIANCE ON THE EXCLUSIVE REMEDY AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION. CUSTOMER ACKNOWLEDGES THAT HE/SHE ELECTS TO ACCEPT THE CHARGES CALCULATED ON THIS BASIS, AND AGREES THAT THIS ALLOCATION OF RISK OF LIABILITY IS FAIR, REASONABLE, AND NOT UNCONSCIONABLE. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT THE CHARGES FOR THE DOCUMENT TRANSLATION SERVICE ARE UNRELATED TO THE VALUE OF CUSTOMER’S BUSINESS OR THE POTENTIAL FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND SPECIAL DAMAGES OR ANY OTHER DAMAGES IN EXCESS OF THOSE ALLOWED BY THIS SECTION. THE CLIENT RETAINS THE RIGHT TO PURCHASE INSURANCE TO COVER ANY ADDITIONAL LOSS OR LIABILITY. Force majeure: Neither Online Polyglot, its affiliates nor their respective successors shall be liable in any way for any loss, damage, delay or failure of performance resulting directly or indirectly from any cause which is beyond Online Polyglots reasonable control, including but not limited to: fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, product or transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or any other cause beyond Online Polyglots control whether or not similar to the foregoing. Assignment: Neither this agreement nor any rights or duties hereunder may be assigned or delegated by the client or by Online Polyglot (other than as provided below) without the prior written consent of the other party. Such consent shall not be unreasonably withheld. Any assignment or delegation in violation of this section shall be void. Notwithstanding the foregoing, Online Polyglot reserves the right to assign this agreement, or any rights or duties under this agreement, to any affiliate or successor company and also reserves the right to assign its right to payment without limitation. Termination: Either party may terminate this agreement upon notice to the other. The Client shall be responsible for the minimal non-refundable order charge of $40.00, and the translation rendered or work in progress prior to the effective date of the termination. Supplement modification or waiver: Other than as specifically authorized by the terms of this agreement, any supplement, modification or waiver of any provision of this agreement must be in writing and signed by authorized representatives of both parties. Waiver and failure to exercise rights: The waiver or breach by either party of this agreement shall not operate as a waiver of subsequent breaches of the same or different kind. The failure of either party to exercise any rights under this agreement in a particular instance shall not operate as a waiver of the party’s right to exercise the same or different rights in other instances. Survival of obligations: The obligations of the parties under this agreement, which by their nature would continue beyond the termination, or cancellation of this Agreement shall survive such termination or cancellation. No third party beneficiaries: Neither this agreement nor the provision of translation services shall be construed to create any duty or obligation on the part of Online Polyglot to any third parties, including, without limitation, any persons participating in or the subject of conversations for which interpreter services are provided. This agreement does not provide any third party with any right, privilege, remedy, claim or cause of action against Online Polyglot, its affiliates or their respective successors. Severability: If any provision of this agreement is held to be invalid or unenforceable, such provision shall be severed from this agreement with respect to the matter in question, and the remainder of the agreement shall remain in full force and effect. However, if such provision is an essential element of the agreement, the parties shall promptly negotiate a replacement. Complete and final agreement: This Agreement constitutes the complete and final agreement between the parties with respect to its subject matter and supersedes all prior oral or written understandings or statements. Terms and conditions on any client order form are expressly rejected and shall have no effect notwithstanding Online Polyglot acceptance or use of any such form.