1-800-Translate and you, the client, agree to the following terms and conditions for use of 1-800-Translate telephone interpreter services. Use of 1-800-Translate telephone interpreter service constitutes acceptance of all these terms and conditions.

Charges and payments
Payment methods shall be by either of the following methods.
A.) Where no credit arrangement has been agreed between 1-800-Translate and its client, 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 enrollment 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.

Privacy of information and communications
1-800-Translate will make reasonable efforts to ensure the privacy of customer's information and communications.

Disclaimer of warranty
1-800-Translate makes no representation, warranty or guarantee, express or implied, about telephone interpreter services, including but not limited to the availability, accuracy, and completeness or timeliness of any interpretation or translation. 1-800-Translate does not warrant the availability of interpreters for all language pairs at all times, and 1-800-Translate specifically disclaims any warranty or condition of merchantability or fitness for a particular purpose. Customer recognizes that over-the-phone interpretations and document translations may not be entirely accurate in all cases.

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.

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 (A.) that the purpose of the call is lawful , and that the transmission of any information will not infringe upon any copyright, trademark, patent, disclosure of a trade secret, or the transfer of any information or technology abroad in violation of any applicable export law or regulation or other criminal prohibitions regarding the use of telephones to transmit obscene, threatening, harassing messages or libelous or slanderous statement; or a violation of any other applicable statute or government regulation, or any 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.

Subcontracting
1-800-Translate may subcontract any or all services to be performed but, subject to the exclusive remedies and limitations of liability set forth in these terms and conditions, it shall retain responsibility for the work that is subcontracted.

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 (A.) the performance of this agreement by either party, (B.) client's breach of the covenants, representations and warranties made by it herein, (C.) the information transmitted by the client through the use of 1-800-Translate telephone interpreter service, (D.) any claim that any element of the service infringes any copyright, trademark, patent, or other proprietary right.

Modification
Supplement, modification or waiver - any supplement, modification or waiver of any provision of this agreement must be in writing and signed by authorized representatives of 1-800-Translate.

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.

No third party beneficiaries
Neither this agreement nor the provision of telephone interpreter service shall be construed to create any duty or obligation on the part of 1-800-Translate services to any third parties, including, without limitation, any persons participating in or the subject of conversations for which telephone interpreter service are provided. This agreement does not provide any third party with any right, privilege, remedy, claim or cause of action against 1-800-Translateservices, its affiliates or their respective successors.

Legality
This agreement shall be governed by, enforced and construed in accordance with the laws of the state of New York.