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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 Service 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 represent and warrant that he or she has read, understood and expressly agreed 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" means the documents, materials, and other items that the client provides to Online Polyglot for the translation under this agreement. "Translation" means 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 client agrees to pay to Online Polyglot for the translation. "Modifications" shall mean any revisions, alterations, amendments, changes, modifications 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 availabity of the services listed on the Online Polyglot website are subject to change without notice. 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 the non-refundable deposit for the translation to Online Polyglot. Online Polyglot shall notify the client via an email notification about 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 by a credit card using encryption communications, ensuring that credit card details are passed in a secure format. Online Polyglot shall capture client’s credit card details after the client submit an order for the translation, at that time the minimal nonrefundable order charge of .00 will be applied to the client’s credit card account. Any remaining charges for the translation will be applied to the credit card account after the final delivery of the translation. In the case of an unsuccessful credit card validation, 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 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 client’s loses 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 deemed to be delivered to the client as soon as the medium has confirmed sending the message. The Client shall assist to Online Polyglot in the translation execution by doing whatever may be necessary to its timely execution. The client shall do everything in its 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 discounts to the client. Online Polyglot is not bounded to take any such action and it is solely the Online Polyglot right 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 the rush jobs in time agreed due to 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 sole obligation with respect to errors shall be the obligation to correct the translation at no cost to the Customer. Privacy of information and communications In providing the translation Online Polyglot will make reasonable efforts to ensure the privacy of 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, EXPRESS 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 THIS TERMS AND CONDITIONS, ONLINE POLYGLOT WILL NOT BE LIABLE TO ANY POTENTIAL HARMS AND DAMAGES DUE TO THE DISCRETION OF THE TRANSLATIONS Exclusive limitation of liability: ONLINE POLYGLOT CHARGES FOR THE TRANSLATION ARE ESTABLISHED IN RELIANCE ON THE EXCLUSIVE REMEDY AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION. CUSTOMER ACKNOWLEDGES THAT IT ELECTS TO ACCEPT 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 Polyglot 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 Polyglot 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 charges for the minimal nonrefundable order charge of .00, 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 by either party of any breach 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.
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