Terms and Conditions of Access
WorldAccess Translations is providing access to this website and its contents on an "as is" basis and makes no representations or warranties of any kind, express or implied with respect to this site or the services featured except as agreed in agreements for specific paid services regardless of the nature or form of any claim, whether in contract or otherwise. WorldAccess Translations disclaims all other representations and warranties, including the warranties of merchantability and fitness for any particular purpose. WorldAccess Translations 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.
Terms and Conditions of Use
Use of the WorldAccess Translations Website
WorldAccess Translations grants permission to access and view this WorldAccess Translations website and to electronically copy and to print in hard copy portions of this website for the sole purpose of information and reference. Any other use of materials on this website including reproduction for purposes other than those noted above, or any modification, distribution, or republication without the prior written permission of WorldAccess Translations is strictly prohibited. All rights are reserved with respect to all information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, or other intellectual or proprietary rights owned by WorldAccess Translations, or other third parties and contained in this WorldAccess Translations website. Customers and users acknowledge and agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed.
Sites Linked from the WorldAccess Translations website
The sites linked from the website are not under WorldAccess Translations 's control, and WORLDACCESS TRANSLATIONS does not assume any responsibility or liability for any communications or materials available at such linked sites. WORLDACCESS TRANSLATIONS does not intend links on the WORLDACCESS TRANSLATIONS website to be referrals or endorsements of the linked entities and are provided for convenience only.
Use of Information and Privacy
WorldAccess Translations shall not use for any purpose whatsoever 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 WorldAccess Translations website. Examples of such information are name, postal address, email address, phone number, birthdays, and product commentary. WorldAccess Translations may share non-personal aggregate, or summary, information regarding its customers with partners or other third parties, but WorldAccess Translations shall not sell, rent, or loan any identifiable information regarding its customers to any third party. The nature of the work performed, and any information transmitted to WorldAccess Translations by customers shall be confidential. WorldAccess Translations shall not divulge or otherwise disclose such information to any person or third party without the prior written consent of the customer. This provision shall not apply to the extent WorldAccess Translations 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 WorldAccess Translations.
These Terms and Conditions constitute a legally binding agreement between the Client and WorldAccess Translations regarding services rendered or to be rendered by WorldAccess Translations. 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 "WorldAccess Translations" means WorldAccess Translations
1.2 "Client" means the individual or business entity that executes this contract.
1.3 "Source Materials" means the documents, materials, and other items furnished to WorldAccess Translations for translation hereunder.
1.4 "Target Material" means the final, translated version of the Source Materials provided by WorldAccess Translations to the Client.
WorldAccess Translations 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 WorldAccess Translations 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 WorldAccess Translations to use it for the job at hand, WorldAccess Translations shall translate specialized terms by their usual and conventional meanings, and otherwise make decisions based on WorldAccess Translation’s standard production procedures. All Source Materials shall be legible and shall be delivered to WorldAccess Translations in such format(s) and such time as WorldAccess Translations shall specify. WorldAccess Translations 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 WorldAccess Translations 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 WorldAccess Translations of the estimate of additional charges before the changes or additions are made by WorldAccess Translations.
WorldAccess Translations shall correct the following errors free of charge:
Outright mistranslation, omission, typo, grammatical mistake, non-adherence to any approved glossary. Client agrees that WorldAccess Translations shall have no liability or obligation regarding errors in translations unless WorldAccess Translations receives written notification of the error(s) within fifteen (15) days following delivery of the Deliverable to Client. WorldAccess Translation’s sole obligation with respect to errors shall be the obligation to correct the Target Material at no cost to Client.
6. LIMITATION OF LIABILITY
WorldAccess Translations 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 WorldAccess Translations, 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 WorldAccess Translations has been advised of the possibility of such damages, anything contained in related proposals and other documentation notwithstanding. WorldAccess Translations shall not be responsible for any loss or damage to, nor the return of, any Source Materials.
7. REPRESENTATIONS AND WARRANTIES
WorldAccess Translations 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 Target Material shall not infringe upon any copyright, trademark, patent, or other right of any third party.
8. DISCLAIMER OF WARRANTY
The foregoing warranties of WorldAccess Translations are in lieu of all other warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. WorldAccess Translations makes no warranty that use of the Target Material 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, WorldAccess Translations 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 WorldAccess Translations breaches this Agreement, Client shall have the right to terminate whereupon WorldAccess Translations 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 Target Material, 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 WorldAccess Translations 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 WorldAccess Translations in the course of translating the Source Materials, including any and all patent rights, copyrights, know-how, and trade secrets therein. Provided that the Target Material and copyright, know-how and trade secrets therein shall remain the property (but not the risk) of WorldAccess Translations until WorldAccess Translations shall have been paid in full for such Target Material.
The nature of the work performed, and any information transmitted to WorldAccess Translations by Client shall be confidential. WorldAccess Translations 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 WorldAccess Translations whose job performance requires such acts. The provisions of this paragraph shall not apply to the extent WorldAccess Translations 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 WorldAccess Translations.
Client shall indemnify, defend, and hold harmless WorldAccess Translations, 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
Payments will be made with no delay, without exception, per this Agreement and per the terms of any other written agreements and contracts between Company and Client. Payments will be made in full without any deductions, such as bank fees and any other service transfer and payment fees. Any costs incurred in the collection efforts and process such as attorney fees and collection agency fees will be the responsibility of the Client.
If the Client is late in making payment, WorldAccess Translations is entitled to charge interest at the rate of 1.5 % 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 WorldAccess Translations 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 WorldAccess Translations 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$2,000 to compensate WorldAccess Translations for the additional administrative and management time required to collect the outstanding payment.
This Agreement shall be governed by, enforced and construed in accordance with the laws of the United States of America.
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