These Terms and Conditions constitute a legally binding agreement
between the Client and TranslationToSpanish.com regarding services
rendered or to be rendered by TranslationToSpanish.com. In the event
of conflict with any communications, proposals, contracts, marketing
materials, or agreements, these Terms and Conditions shall control.
Submission of source materials (as defined below) constitutes
acceptance of all these terms and conditions.
1.1 "Provider" means TranslationToSpanish.com
1.2 "Client" means the individual or business entity that executes
1.3 "Source Materials" means the documents, materials, and other
items furnished to Provider for translation
1.4 "Deliverable" means the final, translated version of the Source
Materials provided by Provider to the Client.
Provider reserves the right to adjust pricing and/or
delivery estimates upon receipt and evaluation of the final Source
Materials to be translated. Clients shall be advised by
Provider of the estimate of additional charges or
change of delivery date prior to performing the translation.
3. CLIENT SPECIFICATIONS/ ASSISTANCE
Unless the Client provides an "Approved Glossary" and instructs
Provider to use it for the job at hand,
Provider shall translate specialized terms by their
usual and conventional meanings, and otherwise make decisions based
on Provider's standard production procedures. All
Source Materials shall be legible and shall be delivered to
Provider in such format(s) and such time as
Provider shall specify. Provider
shall not be responsible for delay in delivery due to failure to
deliver any Source Materials in a timely manner or proper format.
4. MODIFICATIONS/ADDITIONS TO SOURCE MATERIALS
All modifications or additions to the Source Materials shall be
submitted to Provider 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 shall be determined based on extent and implication of
changes and percentage of work already completed. Client shall be
advised by Provider of the estimate of additional
charges before the changes or additions are made by
Provider shall correct the following errors free of
Outright mistranslation, omission, typo, grammatical mistake,
non-adherence to any approved glossary. Client agrees that
Provider shall have no liability or obligation
regarding errors in translations unless Provider
receives written notification of the error(s) within fifteen (15)
days following delivery of the Deliverable to Client.
Provider's sole obligation with respect to errors
shall be the obligation to correct the Deliverable at no cost to
Delivery dates shall not be valid unless they have been expressly
confirmed by Provider in writing. Should a delay in
delivery by Provider occur, Provider
shall first be granted a reasonable additional period for
completion. Only upon expiration of this additional period without
completion of performance shall the customer be entitled to demand
cancellation of the contract or reduction of the price. Any further
claims are excluded. The customer remains liable for payment for the
work performed by Provider up to the time of the
customer's notice of cancellation. The customer shall not be
entitled to claim cancellation or reduction if the delay is due to
force majeure or other circumstances over which
Provider has no control. A job is considered
delivered when Provider either emails it to the
Client, or emails a notification that it has been uploaded to the
Provider FTP site for download by the Client.
6. LIMITATION OF LIABILITY
Provider shall 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
Provider, 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 Provider has been advised of
the possibility of such damages, anything contained in related
proposals and other documentation notwithstanding.
Provider shall not be responsible for any loss or
damage to, nor the return of, any Source Materials.
7. REPRESENTATIONS AND WARRANTIES
Provider represents and warrants that it shall
perform the translation 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
shall not infringe upon any copyright, trademark, patent, or other
right of any third party.
8. DISCLAIMER OF WARRANTY
The foregoing warranties of Provider are in lieu of
all other warranties, express or implied, including any implied
warranty of merchantability or fitness for a particular purpose.
Provider makes no warranty that use of the
Deliverables or use of any information relating thereto or contained
therein shall not infringe any patent, copyright, or trade secret or
any other proprietary right of any third party.
In the event that Client breaches this Agreement,
Provider shall have the right to terminate whereupon
Client shall pay the full purchase price provided hereunder for the
services completed and for all work in progress. In the event that
Provider breaches this Agreement, Client shall have
the right to terminate whereupon Provider shall
return to Client all Source Materials and data supplied by Client
together with all translated product that exists as of the date of
termination and Client shall pay the full purchase price provided
hereunder for the services completed and for all work in progress.
Neither party shall be 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.
10. 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
Provider 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 Provider 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 shall
remain the property (but not the risk) of Provider
until Provider shall have been paid in full for such
The nature of the work performed and any information transmitted to
Provider by Client shall be confidential.
Provider shall not without the prior consent of
client, divulge or otherwise disclose such information to any person
other than authorized employees or authorized subcontractors of
Provider whose job performance requires such acts.
The provisions of this paragraph shall not apply to the extent
Provider 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
Client shall indemnify, defend, and hold harmless
Provider, 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.
13. TERMS OF PAYMENT
Payment methods shall be by either of the following methods. (i)Where
no credit arrangement has been agreed between
Provider and its customer payment shall be made by
credit card using encryption communications ensuring that credit
card details are passed in a secure format. The Client agrees to use
PayPal.com webiste to provide Credit card details. (ii) Where credit
arrangements have been agreed between Provider and
its customer, the customer shall make payments to
Provider for all agreed services within thirty (30)
days of receiving a valid invoice from Provider.
Such invoices are usually distributed by Provider to
the Client via email.
If the Client is late in making payment, Provider is
entitled to charge interest at the rate of 2 % per month or part
thereof until the entire amount due is received. The customer alone
is liable for payment; payments by other parties shall be accepted
conditionally, only if they are received on time in the full amount
of the invoice and the identity of the customer, the invoice number
and the order number are clearly recognizable. The customer has no
right to retain any portion of a payment. The customer may not
offset an invoice against other claims unless these are undisputed
or legally enforceable.
Should Provider need to engage the services of a law
firm, solicitor, or debt collection agency to assist in the
collection of the payment from the Client, then the client agrees to
pay Provider the full costs and commissions charged
by the law firm, solicitor, or debt collection agency for such
services plus an additional administration fee of US$1,000 to
compensate Provider for the additional
administrative and management time required to collect the
This Agreement shall be governed by, enforced and construed in
accordance with the laws of Mexico.
Provider is committed to protecting the privacy of
our website visitors. We operate this website according to the
principles outlined below:
INFORMATION GATHERING & USAGE
For business contact purposes, we ask for some of your personal
information. This information will not be sold, shared with, or
rented to other parties outside of Provider. We use
all the reasonable measures to keep your personal information
Cookies are pieces of information that a website transfers to your
computer's hard disk for reference. Cookies can make your experience
more useful by storing information about your preferences as a site
visitor. Cookies themselves do not personally identify a user, but
store your order number so that we identify it in a further visit.
The cookies we use do not record any personally identifiable
information. Although cookies are widely used through the internet,
you have the option of disabling cookies on your browser. Please
refer to your browser’s help guide.
TEXT FILES & LOG FILES
Text and log files describe the various files or web pages a visitor
has requested from our servers. Like most public websites, our site
collects data that is not personally identifiable when you visit our
site through your internet protocol (IP) address. An IP address is a
number that is automatically assigned to your computer whenever you
connect to the Internet. This number is not linked to any personally
identifiable information. The number is used by network computers to
identify your computer so that data can be sent to you.
Provider may collect IP addresses for system
administration purposes. IP address information may also be used to
gather broad demographic information about our visitors' browsing
actions and patterns for aggregate use only.
When a user ask for a price estimate, he/she is asked to upload the
files using our TranslationCart, or sending them by e-mail. Those
files are stored at our servers for 15 (fifteen) calendar days, and
then, deleted automatically. All information, not just personally
identifiable information, is restricted in our offices. Only
employees who require the information to perform a specific job are
granted access to any relevant information.
Provider will only disclose information if required
to do so by law. With that exception, under no circumstances will we
share single user or aggregated demographic data with outside
parties without explicit consent of our users.
We have taken precautions to ensure the security of information on
our site, using industry standard encription technology to transmit
and store the data. When you submit sensitive information to
Provider via our website, that information is
Nonetheless, a total computer security can not be warranted, given
unrevealed vulnerabilities in operating systems, network and
Internet software/architecture, that could be exploited by third
If you have any questions about the security at our Web site, please
e-mail us. Provider retains the sole and exclusive