Conditions of Use
general conditions govern the use of the “www.linguaserve.net”
Information System, developed and owned by
Linguaserve Internacionalización de Servicios, S.A. (LAS).
By using the www.linguaserve.net website, the client agrees to be bound by these Terms and conditions of service. If clients do not wish to be bound by these Terms and conditions of service, they may not access or use the www.linguaserve.net website.
I. GENERAL CONDITIONS OF USE
1.1 The Client accesses the www.linguaserve.net service using the virtual office located on the www.linguaserve.net website after identifying itself as a user of the service.
1.2 To use the service, the client must have a username (ID) and password. These login details will be provided to each individual client after they sign their respective contracts.
1.3 Obligations of the client
a) The client
undertakes not to reveal its ID and password to third parties and to
make every effort to safeguard them.
b) The client states that it owns or has the right to use the Material to be translated by LAS.
c) The client guarantees that the Material to be translated does not include abusive, threatening, injurious, libelous, obscene, or pornographic content, or content that breaks the law in some other way, including but not limited to any criminal law, laws on trade names, or industrial or intellectual property rights; and is not provided in breach of any contractual obligations undertaken by the client.
d) The client assumes all legal liability that may arise from the content of the Material to be translated.
e) The client undertakes to make every effort to ensure the source material uploaded to the website or to the LAS servers for all services does not contain viruses or other destructive codes.
Linguaserve states that the www.linguaserve.net website complies with the high-level security measures pursuant to the supplementary provision of RD 1720/2007 on personal data protection.
1.4 Personal Data Protection
II. INTELLECTUAL PROPERTY
2.1 The content of the website, www.linguaserve.net and other working tools used for translations are the property of LAS. Thus all these applications are protected by industrial and intellectual property laws, and cannot be publicized or reproduced, wholly or partly, without the explicit consent of LAS.
2.2 LAS declares that all work ordered, including translations, are the property of the client, and LAS waives any right it may have over them.
III. WORK ASSIGNMENT, EXECUTION AND DELIVERY
3.1 The specific conditions of assignment, execution and delivery of the work will be set out in writing in the individual contract between Linguaserve and each client.
3.2 Without prejudice to the above, the client accepts that translation is a complex matter, and in some circumstances it is impossible for terminology to be exactly transposed from one language to another. Linguaserve will make every effort to ensure translations are as faithful to the original as possible, but declines any responsibility for the consequences this may cause outside Spain.
IV. SUBCONTRACTING SERVICES
LAS will ensure that translations are performed by the translators it contracts directly. However, at times when the cumulative volume of work means that LAS cannot fulfill its commitments with its own resources, it reserves the right to authorize its directly contracted translators to subcontract services in order to deliver jobs on time. LAS is not obliged to inform the client of these circumstances, and assumes full responsibility for any liability which may arise from work done in this way.
V. ANOMALIES IN THE SERVICE, SYSTEM AND COMMUNICATION FAILURES
In the case of system failures which prevent, delay, or otherwise make it difficult to provide services or deliver materials:
5.1 If the error is due to a failure in the client’s system, LAS declines all responsibility for any loss or damages
5.2 If the error is due to a failure in the LAS system, LAS accepts full responsibility for any losses or damages to the client.
5.3 Errors due to
failures in communication systems (phone lines and other data
transmission media) are understood to be the consequence of force
majeure will be treated according to the relevant regulations. None
of the parties will be responsible for a failure to comply with their
obligations according to these General terms and conditions if the
failure was due to force majeure.
Without prejudice to the above, LAS will notify clients of any error in the materials delivered as soon as possible after detecting them.
VI. GUARANTEES APPLICABLE TO ALL SERVICES, PRE-EXISTING WORK, DELIVERIES, AND THE USE OF THE WEBSITE AND ITS CONTENT
6.1 The specific conditions for receipt of orders, services offered and delivery of work carried out will be set individually for each client in writing.
6.2 LAS guarantees delivery of the work in the period and with the quality established individually with each client. These terms will be complied with, except where factors intervene that are outside LAS’ control (accidental cuts to lines of communication, faults in the system outside LAS’ control).
6.3 LAS will make every effort to ensure delivered work does not contain viruses or other destructive coding, applying a commercially available antivirus before delivering it to the client. However, given that online delivery involves resources beyond the control of LAS, the company cannot guarantee that work reaches the client free of destructive coding.
VII. PAYMENT TERMS
7.1 Specific payment terms will be established individually in writing with each client.
7.2 Without prejudice to the above, as a general rule services will be paid for in advance.
7.3 Work will not be carried out by LAS at any time without prior receipt of the relevant payment.
7.4 A resource tool is available to the client on the actual LAS website which, after keying in a series of data, provides a quote for information purposes. This estimate is not binding. If clients want an exact amount and a binding estimate, they must go to the LAS website.
8.1 Direct links to the services offered on the website are strictly prohibited without the express written permission of LAS. Links are permitted to the general URL of the website’s homepage, as long as they does not infringe the property rights of LAS, and do not link to deeper pages or other illegal content. Frames must not be used to embed links, advertisements, and/or other information not originating in the site.
8.2 If it is determined that any part of this Contract is invalid or inapplicable, the invalid or inapplicable part will be replaced by a valid or applicable clause which best fits the original intention, while the rest of the Contract will continue to be valid.
8.3 LAS reserves the right to change these general terms and conditions at any time without advance notifications to clients. These changes will not affect previously signed individual contracts.
8.4 LAS may keep a copy of each delivery for purposes relating to the guarantee and for due diligence. It will agree with each client individually on how long LAS can keep such copies.
8.5 LINGUASERVE recognizes the client’s ownership of the Material, in any publication, edition or distribution format, and its confidentiality, both in content and in its technical specifications. Consequently, it commits to:
(i) To use the
Material for the sole purpose of fulfilling the contractual
obligations undertaken by signing this agreement;
(ii) Not to reveal, without prior written consent from the client, or allow divulging to any third party, any information that has come to its knowledge as a result of the contractual relationship regulated by this agreement;
(iii) Once the Initial Internationalization of the Material is complete, to follow client's instructions with regards to the possible destruction of copies of the items included in it, whatever media it may be located on.
IX. SETTLING DISPUTES AND JURISDICTION
9.1 Any dispute arising from the application and interpretation of these general terms and conditions will be resolved in accordance with Spanish legislation.
9.2 The jurisdiction for dispute hearings and other legal cases arising from the application of these general conditions, as well as contracts entered into individually with clients, will be the courts and tribunals of Spain.
9.3 In all matters not set out in these general terms and conditions, the corresponding Spanish legislation will be applicable, especially in matters concerning the protection of consumers and users.
9.4 If there should be any contradiction between the general conditions and the individual conditions in client contracts, the individual conditions will take precedence, or where applicable, those that are more favorable to the client.
9.5 The parties to this contract state that they will always act in accordance with the requirements of good faith, avoiding disputes as far as possible, and if they arise, trying every option to settle them.