These Terms and Conditions (“Terms”) form the contract between We Translate On Time and yourself for the provision of Services (as hereinafter defined).
Definitions
In these Terms, the following words and phrases shall have the following meanings:
“Company” means the website We Translate On Time.
“Customer” means the person, firm, organisation, statutory or corporate body, together with any subsidiary or associated undertaking for whom the Company has agreed to provide the services pursuant to these terms and conditions of business.
“Trading Currency” means the Euro.
“Fee” means the amount payable by the Customer to the Company in the Trading Currency, in accordance with part 3 of these Terms.
“Services” means the translation services and any other services that the Company may provide to the Customer.
“Local Currency” means the currency converted by the Company by the means that the Company determines.
“Source Material” means any finalized documents, materials, elements of text, images, graphics, photographs, designs, data or other information that are related to the Services, provided to the company by the customer.
“Final Material” means the final, translated version of the Source Material or other document provided by the Company to the customer, pursuant and resultant from the provision of the Services.
“Order” means the order made by the Customer, including the act of payment.
“Agreement” means any order which was accepted by the Company.
Provision of Services
The Company agrees to provide the Services to the Customer in accordance with these Terms.
According to this Terms the Customer is always responsible for the use of the Services, and must not use them for any improper activities. The Customer shall assume all the responsibility in case of misuse of the website.
The Company reserves the right to suspend or discontinue any or all of the Services at its sole discretion, having however the responsibility of carrying on with unaccomplished Agreements, except in the cases described in clause 4.2.
The Company reserves the right to reasonably alter these Terms at any time, with no consequences for prior Agreements and Orders.
Customers do not have any period during which they can cancel their Order. Modifications are subject to the discretionary appreciation and approval of the Company.
The services are ordered by means of the internet via website, by completing the displayed steps, the payment and the acceptance of these Terms by the Customer.
As the Customer accesses the Services via internet, the Customer is responsible for providing correct personal information and to have a proper internet connection, which is necessary to access the Services.
The Company shall not have any responsibilities for situations in which the Services are not delivered to the Customer due to incorrect personal data, failure of communication and/or improper internet connection.
The Customer agrees that the Company does not, in any way, guarantee any specific results that the Client is expecting to achieve with these services.
The Customer shall, to any extent possible, provide all necessary Source Materials (and proper information) with sufficient readability, to enable the Company to provide a good quality Service.
The company may correct any typographic or other errors or omissions in any Source Materials relating to the provision of the Service, without any liability to the Customer.
Charges and Payment
The Fee payable by the Customer for the services shall be set out in the Order directly related to the Services provided by the Company or otherwise agreed with the Company by email.
The Fee is calculated upon an estimated counting of the number of words in all Source Materials.
Failure in receiving the due payment implies the immediate stop of the process of delivering the Order until the payment is successfully completed. The Customer will be notified to correct these situations.
All payments are made in the Trading Currency in the act of Order by credit card or other means available.
The Company shall add onto the Fee charged to all European clients the Value Added Tax (except for companies based outside Portugal) for which the Customer shall be additionally liable at the applicant rate of 23%
The Company reserves the right to adjust pricing with no consequences for prior Agreements.
Additional charges are levied by the Company for the performance of any or all of the following in connection with the Services, in accordance to the Customer’s Order:
Technical Translations.
Changes or other amendments required by the Customer after 10 days of the delivery date.
Other charges related to the mean of payment.
Invoices are issued until 10 days after the delivery date when the Client fills in the necessary invoicing data.
The Fee is adjusted according to the deadline chosen by the Customer during the Ordering process.
Guarantees and Liability
The customer expressly agrees that the use of the Services is at the Customer’s sole risk. The Company, its agents, contractors, licensers and employers do not guarantee that the Services will be absolutely free from error.
The liability of the Company will use its best endeavours to deliver the Services within any agreed deadline, being liable to Customers by reason of any delay in delivery, except in case of:
system hacking or computer viruses;
death or personal injury;
electricity or telecommunication failure of whatever means;
riot, war, invasion, acts of terrorism, hostilities (whether declared or not), civil war, rebellion, legislation changes, flood, fire, drought or other natural disasters.
For any other cases of delay, the Company shall give the Customer the choice of being fully reimbursed or extend the deadline. For the cases when the Customer chooses to extend the deadline, the Company must give a new deadline and is obliged to compensate the Customer.
The Company contracts under these Terms solely with the Customer and therefore has no contractual relationship or liability of whatever nature under these Terms to any third party.
The Company shall not be liable to the Customer or any third party in any circumstances whatsoever for any consequential loss or damage of any kind (including loss of profit).
The agreed upon delivery date corresponds to the date of delivery for a digital copy over the provided client email address. The company is not liable for any shipping delays that might occur with the used courier service.
Delivery and Quality issues
The Customer must alert the Company of any problems related to the quality of the Services within a maximum of 10 days after the date of delivery. Please note that after this period has expired, whilst best endeavours will be made, the Company cannot guarantee that the project will be reviewed.
The Company will only review errors or omissions if a full report stating each and every one of the errors or omissions alleged is submitted to the Company in writing. As a result of any errors or omissions in the project undertaken, the Company will review it and retype it.
If the Customer has not given written notice to the Company that the final materials is not satisfactory within 10 days of its delivery, the Customer shall be deemed to have accepted and approved the Deliverable and the Company shall have no liability for any defect in the quality of the translation or its failure to correspond to the expectations.
The delivery of the Final Materials to the Customer is carried out via e-mail and the Customer has the responsibility to have all the conditions to receive it. However, the Company will retain a copy of these materials for a period of 6 months and may return them to the Customer at no additional cost upon request.
Employees and Subcontractors
The Company reserves the right and therefore shall be entitled to subcontract or otherwise outsource all or any part of the Services to any third party it selects and shall be under no obligation to notify the Customer of either the selection of that third party or any subsequent change to the identity of the selected third party.
The Customer hereby understands and acknowledges that the Company has invested extensive time and resources in finding, hiring and retaining and/or training its employees, consultants, subcontractors and agents. Accordingly, the Customer agrees that during the course of provision of the Services and for a period of five years afterwards, the Customer shall not directly or indirectly, whether individually or as an owner, officer, director, employee, consultant or agent of any company or other entity, in any manner whatsoever, hire or attempt to hire, retain, engage or solicit, in any manner, any employee, consultant, subcontractor or agent of the Company to perform any kind of Services.
Confidentiality and Security
The nature of the work performed and any information transmitted to the Company by the Customer shall be confidential. The Company shall not, without the prior consent of the customer, divulge or otherwise disclose such information to any person other than authorized employees or subcontractors of the company whose job performance requires such disclosure. This point is not applicable in cases where the Company is required by law to divulge such information or in cases where the information is or has become a matter of public knowledge other than by disclosure by the Company.
The Company ensures the Customer that the possession of personal data is fully compliant with the terms of the European Data Protection Directive - Directive 95/46/EC. Nevertheless, internet security is not fully impregnable and harmful intrusions may occur.
Customer's data provided in the Company's website are encrypted with SSL (Secure Sockers Layer) protocol with an encryption key length of 128 bits.
Applicable Law
The Agreement is governed in accordance with the Portuguese law and the parties submit to the jurisdiction of the courts of Portugal.