TERMS AND CONDITIONS
By using this website www.gthtranslation.com (the Website), You are agreeing to abide by these Terms and Conditions. Also, please read these Terms and Conditions (the Terms) carefully before opening account and using the Services offered by CPCstars (the Company). THESE TERMS SET FORTH THE TERMS GOVERNING THE ACCESS AND USE OF THE WEBSITE AND THE SERVICES. IF YOU DISAGREE WITH THE TERMS OR ANY PART THEREOF, THEN YOU MUST NOT PROVIDE THE COMPANY WITH ANY INFORMATION, ACCESS OR USE THIS WEBSITE OR THE SERVICES OR ANY RELATED MATERIAL.
You or User means you as an individual, or if applicable, the company or other legal entity visiting the Website or the Services. Customers means You or User as an individual, or if applicable, the company or the legal entity on behalf of which you are acting and who completed a registration process with the Company. Services means Company’s services providing the Customers with translation services based on Customer’s order placed through the Website. Customer Account means the account opened by the Customers with the Company through the Website following the registration process. Orders means any order for Services created by a Customer, and accepted by Company via the Website or otherwise in writing. Customer Materials means the source content provided to the Company for translation by the Services, and any guidelines, glossary and other materials provided by Customer. Translated Works means the translated content of Customer Material translated by Company. Website means Company’s website first detailed above where you can access your Customer Account, initiate Orders and access the Services. Terms means these Terms and Conditions and any policies, guidelines, or other documents referenced herein which shall govern your access and use of the Website and the Services.
THE TERMS ARE SUBJEC TO AMENDMENTS BY COMPANY FROM TIME TO TIME. IT IS THE SOLE AND EXCLUSIVE RESPONSIBILITY OF THE CUSTOMERS AND USERS TO CHECK THE CURRENT VERSION OF THE TERMS.
2. USING OUR SERVICES
THE USE OF THE SERVICES IS STRICTLY PROHIBITED TO MINORS OR ANY PERSON UNDER THE LEGAL AGE IN HIS OR HER COUNTRY AND PROHIBITED TO ANY PERSON UNDER THE AGE OF 18. IF YOU MISREPRESENT YOUR AGE, YOUR REGISTRATION AS CUSTOMER WILL BE TERMINATED. YOU REPRESENT AND CONFIRM THAT YOU ARE 18 YEARS OF AGE, OR OF THE APPLICABLE AGE OF MAJORITY IN COMPLIANCE WITH YOUR PLACE OF RESIDENCE OR APPLICABLE JURISDICTION.
3. USER/CUSTOMER WARRANTIES
Customer hereby warrants and consents to:
3.1.Be fully responsible for any activity, transactions and orders related to Your Customer Account.
3.2.Protect your password and keep access information confidential.
3.3.Comply with the Terms and any additional policies made available to You by the Company from time to time.
3.4.Access the Website and use Company’s Services in compliance with any applicable laws and regulations.
3.5.Not harm Company’s reputation, defame or harass Company, its employees, contractors, or translators.
3.6.Company entitlement to suspend or terminate User’s access to the Services or any outstanding Order, with or without notice, if User does not comply with these Terms or if Company has reason to deem User’s action as a misconduct, fraudulent activity or breach of payment obligation, or a violation of these Terms.
3.7.Company’s entitlement, subject to Company’s sole discretion, to modify or suspend the Website or Services, at any time for any reason.
3.8.That the translation quality is influenced by various factors, and that in order to maximize the benefits generated from the Services and to achieve high quality translation services, Customer must provide clear instructions and easily understandable texts and context which might be crucial.
3.9.Company’s entitlement to change any of the Terms, rights, obligations, privileges or to institute new charges for access to or continued use of Services at any time, with or without providing Customers and Users such notice as the Website may determine appropriate. All changes will be posted online or may be emailed to Customers at the Company’s discretion, and Users are responsible for reviewing the information and Terms of usage as may be posted regularly on the Website and to obtain timely notice of such changes. Continued use of the Services or non-termination of Your subscription after changes are posted or emailed constitutes Your acceptance or deemed acceptance of the Terms as modified, regardless of whether the notice or email was successfully received, read, or lost during transmission.
3.10.Not to use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Website or the content contained therein without the prior written permission of the Company.
3.11.Not to create multiple Customer Accounts to avoid payment of fees or any suspension of your material obligations.
4. CUSTOMER ACCOUNT; ORDERS; APPROVAL
Order. You can initiate an Order for Services by providing all the required information and your source content via the Website, including the specifications for your translation and special instructions.
Customer Materials. Customer is responsible for providing the Customer Materials to be translated, materials describing the context of the translation, and all other necessary materials (glossary guide, etc.) when placing the Order. Company may make recommendations on which source materials and in what format to provide source materials, but ultimately the quality of the results will depend on the clarity, accuracy, and comprehensiveness of the Customer’s source materials and instructions provided.
Cancellations. Upon submission of the order and the acceptance by the Company of the Order, the Company will commence the provision of the Services and such Order will deemed non cancellable after you have received a confirmation that the order has been processed.
Translated Works. Company may provide an estimated time for Service completion and employ efforts to provide the Translated Works based on the time estimated, however, cannot guarantee an exact delivery time. Company will email you when the Translated Works are ready for your review.
Approval or Rejection. Upon Company’s delivery of the Translated Works, Customer will have 7 days to review the Translated Works. Customer may approve the Translated Works via email. If Customer does not respond within the 7 days review period, the Translated Works will be deemed “Approved” and confirmed by Customer and the Customer will have no complaints thereafter. Alternatively, Customer may reject the Translated Works up to a maximum of two rounds of corrections by the Company and as follows:
Round of Corrections: Within 1 day following the delivery of the Translated Works to Customer’s review, the Customer will provide Company a detailed list of corrections or rejections for Company to implement. The Company will correct the Translated Works in accordance to the Customer’s rejections list and provide the Customer with the corrected Translated Work for Customer review (Corrected Translated Works). If rejection list is not provided by the Customer within 15 days limit as aforementioned, then the Corrected Translated Works will be deemed “Approved” and confirmed by Customer. Company’s liability will be limited to correcting such errors as provided herein above.
5. THE SERVICES; TRANSLATORS; CONTRACTORS.
Company may use and retain third party contractors (such as Translators) to provide the Service to you. As such, you agree that Company may sublicense its rights under these Terms to third parties to act on Company’s behalf, provided that such third parties are contractually bound by terms no less protective of Customer than these Terms.
In consideration for the Services, the Company will be entitled to the payment agreed upon in advance as per Customer’s order (the Consideration) which will be paid by Customer in two installments as follows: an amount equal to at the minimum 50% of the Consideration will be paid in advance upon placing the Order and the remainder amount of the Consideration due to Company will be paid by Customer on the date of delivery of the Translated Works to the Customer. Company will apply gross-up calculation to the Consideration, which must be made in cleared funds, without any deduction or set-off and free and clear of and without deduction for or on account of any taxes, levies, imports, duties, charges, wire fees and withholdings of any nature now or hereafter imposed by any governmental, fiscal or other authority save as required by applicable law. If Customer is compelled to make any such deduction, Customer will pay Company any additional amounts as are necessary to ensure receipt by Company of the full amount of Consideration it would have received without the applicable deduction as aforementioned. The consideration is deemed to be due to the Company, in full, as from the confirmation mail has been successfully sent by the Company.
The Terms herein shall be binding and effective as of the Customer subscription to the Services on the Website and shall remain in full force until terminated by either party in accordance with these Terms. The Company and the Customer may terminate this Agreement at any time, with or without cause, effective upon sending written notice to the other party by electronic message (i.e. e-mail). It is hereby clarified that termination of these Terms will not apply on Orders placed prior to the effective date of termination, which are deemed non cancellable, and for which the Customer will be fully responsible to make payment of any and all Consideration due with that regards. Your subscription shall terminate with regards to future Orders and the Company will not provide any rebate or refund for any previously placed Orders. Without derogating from the abovementioned, the Company reserves the right to suspend or terminate Customer subscription at any time, without notice, in the event Customer breaches the Terms posted on the Website from time to time and/or any term of any Order place by Customer or fails to fulfill its monetary obligations under these Terms.
7. CLIENT MATERIALS DISCLOSURE
In the event Company will use third party service providers for the provision of the Services to you, Company may disclose the Client Materials to potential third party service providers, including Translators and contractors, for the sole purpose of allowing a preview of the content in order to decide whether to engage the Order.
8. INTELLECTUAL PROPERTY
All intellectual property rights in the Translated Works will be assigned to Customer upon Customer’s Approval of the Translated Works, payment of the Consideration to the Company and Customer’s compliance with these Terms. The trademarks, names, logos and service marks (collectively Trademarks) used by the Company, are trademarks of the Company. Nothing contained in these Terms shall be construed as granting any license or right to use any Trademark without Company’s prior written permission. Should You choose to submit feedbacks or suggestions about our Services to the Company, Company may elect to use Your feedback or suggestions free of any obligations to You and You hereby waive any and all rights to such suggestions or feedbacks.
9. WARRANTIES; DISCLAIMER; LIMITATION OF LIABILITY
Customer represents and warrants that it has all necessary right, title, and interest in the Client Materials, and that the Client Materials will not and do not infringe or violate any third party’s rights, do not violate any law, and do not contain any offensive or unacceptable content. CUSTOMER AGREES TO REVIEW ANY TRANSLATED WORKS BEFORE MAKING SUCH CONTENT PUBLIC, AND CUSTOMER EXPRESSLY AGREE THAT COMPANY WILL NOT HAVE ANY LIABILITY OR INDEMNITY OBLIGATIONS TO CUSTOMER BASED ON THE TRANSLATED WORKS IF CUSTOMER FAIL TO DO SO.
Neither, the Company nor its affiliates warrant that Your use of the Services will be secure, uninterrupted, always available, or error-free, or will meet Your requirements, or that any defects in the Website will be corrected.
ASIDE AS EXPRESSLY SETS FORTH IN WRITING IN THIS AGREEMENT, COMPANY PROVIDES THE SERVICES “AS-IS”, “AS-AVAILABLE” AND “WITH ALL FAULTS.” THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY COMPANY WITH RESPECT TO THE SERVICES. EXCEPT AS OTHERWISE SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY, ITS AFFILIATES, AGENTS, CONTRACTORS OR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND CUSTOMER’S USE THEREOF, INCLUDING WITH REGARDS TO THE CONTENT OF THE SERVICES AND THEIR RELIABILITY. COMPANY DISCLAIMS ANY AND ALL WARRANTIES THAT MAY BE IMPLIED BY LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
THE COMPANY OR ITS AFFILIATES WILL NOT BE LIABLE TO USER AND CUSTOMERS OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY DEATHS, THREATS, TORTS OR INJURIES OF ANY OTHER USERS, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, AND INCLUDING NEGLIGENCE) DIRECTLY OR INDIRECTLY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, EVEN IF THE COMPANY, ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S AGGREAGE LIABILITY TO ANY USER OR CUSTOMER, FOR ANY CAUSE WHATSOEVER ARISING OUT OF THESE TERMS AND THE SERVICES, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, BY YOU, THE USER OR CUSTOMER FOR THE SERVICES GIVING RISE TO COMPANY’S LIABILITY.
You acknowledge and agree that the Company will not liable for any loss or damage which may be incurred by you as a result of the Services, or as a result of any reliance placed by You on the accuracy or completeness of the translations provided to You pass the approval and confirmation by Customer of the translations.
Customer will indemnify and hold harmless the Company, its affiliates, current and past directors, officers, and employees from and against any and all claims, taxes, losses, damages, liabilities, judgments, settlements, costs and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with: (1) Customer’s breach of any of its representations, warranties or obligations under these Terms; (2) Customer’s failure to perform its obligations in accordance with all applicable laws, rules and regulations.(3) Claim brought against the Company with regards to the Customer Material provided to the Company by the Customer.
This Agreement is governed by the laws of Cyprus. Any claims or disputes shall be resolved exclusively by confidential arbitration under the ICC Rules, in Cyprus, by sole arbitrator whose ruling shall be provided within 30 days and shall be final and binding, and each party will be responsible for equal portion of the arbitration expenses. This constitutes a binding arbitration agreement and no party will be entitled to submit any dispute to the court of its domicile.
If You are entering into the Terms on behalf of a company or other legal entity, You represent that You have the legal authority to bind the legal entity to these Terms, in which case “You”, “User”, “Customer” or “Your” means that entity. You are a personal guarantor on behalf of the legal entity you represent.
Company may modify these Terms at any time. You should look at the terms regularly. If You do not agree to the modified terms for a Service, You should discontinue Your use of that Services.
If there is a conflict between the terms in these Terms and an Order, the Order will control for that conflict.
These Terms controls the relationship between Company and You, User or Customer, and specifically do not create any third party beneficiary rights.
If User does not comply with these Terms, and Company doesn’t take action right away, this doesn’t mean that Company is waiving any rights to which Company is entitled (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms which shall remain in full force and effect.
This version of the Terms was Last Updated 15.11.15.
Company uses industry reasonable standards and efforts, such as firewalls, to safeguard the confidentiality of Your personally identifiable information. However, as all security measures are subject to possible circumvention, Company cannot and does not provide any guarantees regarding the effectiveness of the security measures Company employs or Company’s ability to prevent third parties, acting unlawfully, from obtaining information that You provide on the Website.
Company may use the personal information collected about you for a variety of business purposes, including the following:
(i) For processing the fees due to Company;
T(ii) For verifying Your identity and maintain a record of Your Orders and interactions with us;
T(iii) For providing customer services to You;
T(iv) For identifying and suggesting products or services that might interest You;
T (v) For making internal business decisions about current and future service offerings;
T(vi) For creating, modifying, improving, enhancing, removing or fixing our services and their performance;
T(vii) For providing You customized user experiences, including personalized services offerings;
T(viii) For protecting our rights, interests, safety and property and that of our customers, service providers and other third parties; and (ix) Company may further use the information as may be needed for compliance with any applicable laws, regulations or as required for legal purposes.
Through your access to the Website, Company automatically collects certain personal information about Your computer and Your visit, including without limitations, your IP address, browser type, country, city, connection speed, language setting, date and time, the web page You visited before visiting our Website, Your activities and purchases on our Website, and additional analytical information associated with the Website. Company may use personal information for auditing, research and analysis and/or to operate and improve the Services offered by the Company on the Website.
Company will not share your information with third parties, with the exception of the following:
a. We may be required to disclose customer information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. Additionally, we may share account or other information when we believe it is necessary to comply with law or to protect our interests or property. This may include sharing information with other companies, lawyers, agents or government agencies.
b. Company may sell, disclose, or transfer information about You as part of a corporate business transaction, such as a merger or acquisition, joint venture, corporate reorganization, financing, or sale of Company assets, or in the unlikely event of insolvency, bankruptcy, or receivership, in which such information could be transferred to third-parties as a business asset in the transaction.
c. Company may share with, or disclose or sell to, third parties aggregated information which does not reference individually identifiable Users.
d. Company may disclose information to third-party vendors and partners who complete transactions or perform services on our behalf.
If you do not want to receive promotional email from the Company, please submit a request by emailing us at firstname.lastname@example.org. We will make reasonable efforts to implement any choice you make as soon as possible; provided, however, that the Company reserves the right to send you certain communications relating to Company’s Services, such as service announcements and administrative messages without offering you the opportunity to opt out of receiving them.
This Website may contain links to other websites. The Company is not responsible for the Terms and Conditions including the privacy practices of other Websites. We encourage our Users to be aware when they leave our Website and to read the statements of each and every Website that collects personally identifiable information.
10. Company’s Users may modify or remove any of their personal information at any time by logging into their Customer Account. For technical reasons, any modifications or deletions requested by You may take a short period of time to take effect. If You change or delete any of your personal information, Company will remove the old or deleted information from public view; however, as noted above, Company may keep such information archived indefinitely.
13. Depending upon Your computer, You may be able to set Your browser to reject cookies or delete cookies, but that may result in the loss of some functionality on the Website.
14. You should refrain from sharing your password with any third party. If You provide Your Account password or Your security information, such third parties will gain access to Your Personal Information when they access Your Account with Your account password.