Terms and Conditions of Use for Our Professional Foreign Translation Services

Use of Information and Privacy
1-800-Translate shall not use any personal information about individuals except when specifically and knowingly authorized to do so by such individuals, other than to provide services described on this 1-800-Translate Web site. Examples of such information are name, postal address, e-mail address, and phone numbers. 1-800-Translate shall not sell, rent, or loan any identifiable information regarding its customers to any third party.

Confidentiality
The nature of the work performed and any information transmitted to 1-800-Translate by customers is confidential. 1-800-Translate will not divulge or otherwise disclose such information to any person or third party other than authorized employees or authorized subcontractors of 1-800-Translate whose job performance requires such acts, without the prior written consent of the customer. This provision will not apply to the extent 1-800-Translate is required by law to divulge such information or to the extent such information is or becomes a matter of public knowledge other than by disclosure by 1-800-Translate.

Payment Method
Payment methods are by either of the following methods.
A.) Where no credit arrangement has been agreed between 1-800-Translate and its customer, payment is made by credit card using encryption communications ensuring that credit card details are passed in a secure format. Credit card details are recorded by 1-800-Translate when customers first register an order. Customers are required to register their credit card number when registering subsequent orders for validation by 1-800-Translate. 1-800-Translate will transact payments with the appropriate credit card companies in all instances. Where non-validation occurs, customers will be contacted by 1-800-Translate for order confirmation and payment details prior to the translation process.
B.) Where credit arrangements have been agreed between 1-800-Translate and its customer, the customer will make payments to 1-800-Translate for all agreed services on receipt of a valid invoice from 1-800-Translate. The balance of all past due accounts will accrue interest at the rate of twenty-one percent (21%) per annum or the then-current lawful maximum rate, whichever is less. The customer shall further be liable for all costs, including attorney's fees, incurred by 1-800-Translate in collecting overdue payments.

Service Agreement
These Terms and Conditions constitute a legally binding agreement between the Client and 1-800-Translate regarding services rendered or to be rendered by 1-800-Translate. In the event of conflict with any communications, proposals, contracts, marketing materials, or agreements, these Terms and Conditions will control. Submission of source materials (as defined below) constitutes acceptance of all these terms and conditions.

Satisfaction Guarantee
If a client is dissatisfied with the services or products provided by 1-800-Translate, we will refund the purchase price in whole or in part, based on the customer's evaluation of our service as described in the terms below. A report, stating the reason for client dissatisfaction, must be completed so that 1-800-Translate can issue a service failure review, a copy of which will be provided to the customer.

1-800-Translate reserves the right to revoke this guarantee for particular assignments in the event that a satisfactory outcome cannot be guaranteed. Clients will be advised of this change of terms before any billable work begins.

Pricing and Delivery
1-800-Translate reserves the right to adjust pricing and/or delivery estimates upon receipt and evaluation of the final source materials to be translated. Clients are advised by 1-800-Translate of the estimate of additional charges or change of delivery date before beginning billable work.

Pricing and Delivery On-site
In the event of cancellation of any portion of on-site services, including interpretation or equipment between 72 and 24 hours before event, the client agrees to pay 50% of the estimated cost, for less than 24-hour notice, client agrees to pay 100% of the estimated cost, due to the commitment of our resources on planned dates. Client are liable for replacement costs of any lost or damaged equipment.

Client Specifications/Assistance
1-800-Translate will translate specialized terms by their usual and conventional meanings or according to specific client instructions, and otherwise make decisions based on 1-800-Translate's quality assurance process. All Source Materials will be legible and will be delivered to 1-800-Translate in such format(s) and such time as 1-800-Translate will specify. 1-800-Translate will not be responsible for delay in delivery due to failure to deliver any Source Materials in a timely manner or proper format.

Modifications/Additions to Source Materials
All modifications or additions to the Source Materials will be submitted to 1-800-Translate, clearly indicating changes and where they occur in relation to the previously submitted copy. Pricing and scheduling for incorporation of Source Material modifications or additions into the target language translation(s) in progress are determined based on extent and implication of changes and percentage of work already completed. Client will be advised by 1-800-Translate of the estimate of additional charges before the changes or additions are made by 1-800-Translate.

Corrections
1-800-Translate will correct the following errors free of charge: Outright mistranslation, omission, typo, grammatical mistake, non-adherence to any approved glossary. 1-800-Translate's sole obligation with respect to errors is the obligation to correct the Deliverable at no cost to Client.

On-Site Services
1-800-Translate cannot remit on-site fees or be liable for damages due to circumstances beyond our reasonable control such as, but not limited to, fire, theft, strike, terrorism, delay of aircraft or freight, illness, equipment, malfunction or act of God.

Limitation of Liability
1-800-Translate will not be liable for any incidental, special, or consequential damages or loss of any nature whatsoever, nor for any claim against Client by any other person or entity, arising from or relating to services rendered by 1-800-Translate, regardless of the nature of the claim or the form of the cause of action, whether in contract or in tort, or otherwise, and even if 1-800-Translate has been advised of the possibility of such damages, anything contained in related proposals and other documentation notwithstanding. 1-800-Translate will not be responsible for any loss or damage to, nor the return of, any Source Materials.

Representations and Warranties
1-800-Translate represents and warrants that it will perform all work in a manner consistent with its standard production procedures. Client represents and warrants (i) that it owns or is licensee of the Source Materials and all components thereof, and (ii) that translation of the Source Material and publication, distribution, sale or other use of the Deliverable will not infringe upon any copyright, trademark, patent, or other right of any third party.

Disclaimer of Warranty
The foregoing warranties of 1-800-Translate are in lieu of all other warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. 1-800-Translate makes no warranty that use of the Deliverables or use of any information relating thereto or contained therein will not infringe any patent, copyright, or trade secret or any other proprietary right of any third party.

Termination
In the event that Client breaches this Agreement, 1-800-Translate will have the right to terminate whereupon Client will pay the full purchase price provided hereunder for the services completed and for all work in progress. In the event that 1-800-Translate breaches this Agreement, Client will have the right to terminate whereupon 1-800-Translate will return to Client all Source Materials and data supplied by Client together with all translated product that exists as of the date of termination. Neither party is deemed to be in breach or default of any provision of this Agreement by reason of a delay or failure in performance due to any causes beyond its control.

Title and Ownership
All right, title and interest in and to the Source Materials and, except as hereunder provided, the Deliverables, and any and all patent rights, copyright, know-how, and trade secrets therein are and remain the sole and exclusive property of Client. Notwithstanding the above, Client acknowledges that 1-800-Translate is the sole and exclusive owner of all right, title, and interest in and to all (i) methodology, information, software, and databases used in translating the Source Materials, and (ii) inventions, methodology, innovations, know-how, and databases developed by 1-800-Translate in the course of translating the Source Materials, including any and all patent rights, copyrights, know-how, and trade secrets therein. Provided that the Deliverables and copyright, know-how and trade secrets therein will remain the property (but not the risk) of 1-800-Translate until 1-800-Translate will have been paid in full for such Deliverables.

Translation Memory
A translation memory database of translated terms will be maintained in a secure environment by 1-800-Translate, and upon receipt of payment remains the sole property of the client, and will be delivered to the client with 48 hours of the client's request.

Indemnification
Client shall indemnify, defend, and hold harmless 1-800-Translate, its owners, directors, officers, employees, representatives, agents, successors and assigns from and against any and all losses, damages, costs and expenses, including reasonable legal fees, resulting from, arising out of or incident to any suit, claim or demand based on (i) the performance of this Agreement by either party, (ii) Client's breach of the covenants, representations and warranties made by it herein, (iii) the manufacture, advertisement, promotion, sale or distribution of any items by Client, (iv) any taxes and from any duties, levies, tariffs, or like fees that may be imposed by any government or collective authority upon manufacture, advertisement, promotion, use, import, licensing or distribution of items by Client, or (v) any claim that any element of the Deliverable infringes any copyright, trademark, patent, or other proprietary right.

Terms of Payment
Payment methods shall be by either of the following methods. A.) Where no credit arrangement has been agreed between 1-800-Translate and its customer, payment shall be made by credit card using encryption communications ensuring that credit card details are passed in a secure format. Credit card details shall be recorded by 1-800-Translate when customers first register an order. Customers shall be required to register their credit card number when registering subsequent orders for validation by 1-800-Translate. 1-800-Translate shall transact payments with the appropriate credit card companies in all instances. Where non-validation occurs, customers will be contacted by 1-800-Translate for order confirmation and payment details prior to the translation process. B.) Where credit arrangements have been agreed between 1-800-Translate and its customer, the customer shall make payments to 1-800-Translate for all agreed services on receipt of invoice from 1-800-Translate.

Legality
This Agreement shall be governed by, enforced and construed in accordance with the laws of the State of New York

Access to this Site
1-800-Translate is providing access to this Web site and its contents on an "as is" basis and makes no representations or warranties of any kind, with respect to this site or the services featured except as specifically agreed. 1-800-Translate disclaims all other representations and warranties, including the warranties of merchantability and fitness for any particular purpose. 1-800-Translate shall not be liable for any compensatory, indirect or consequential damages, loss of data, income or profit, loss of or damage to property or claims of third parties arising out of or in connection with access to or use of any data on this site.