Translation, Interpretation and Language Service Terms and conditions
Terms & Conditions
The following Terms and Conditions constitute a legally binding agreement ("The Agreement") between you ("Client") and THE MARKETING ANALYSTS regarding access to and use of the www.themarketinganalysts.com website ("website") and its associated human-based translation services ("Services") rendered or to be rendered by THE MARKETING ANALYSTS.
By accessing or using the website or Services, you agree to be bound by these Terms and Conditions of Service. If you do not wish to be bound by these Terms and Conditions of Service, you should leave the website now.
For the purposes of this Agreement,
"Source Material(s)" shall mean any electronic or other files that the Client transmits to THE MARKETING ANALYSTS that are intended to be the subject of services hereunder
The final translated version of the Source Material(s) shall be referred to as "Deliverable" or "Deliverables"
Each order or formal request for the provision of Services shall be referred to as an "Order".
- THE MARKETING ANALYSTS is an online Marketing and translation ordering site.
- The charge for the translation service is based on word-count, language(s) and service requested. The word-count, as determined by THE MARKETING ANALYSTS, is final and non-negotiable. The word-count is clearly visible throughout the ordering process. Any changes to this word count will be communicated to the Client for approval.
- All prices and rates quoted are subject to change without notice prior to formal acceptance of any Order. THE MARKETING ANALYSTS reserves the right: to charge for additional Services requested after an Order has been accepted; alter without notice the currency in which the transaction is processed and/or billed.
- It is the responsibility of the Client to select the appropriate service for the translation of the Source Material(s). THE MARKETING ANALYSTS will not accept any responsibility if the service selected does not meet the specific requirements of the Client.
- The Client can request a translation by uploading and submitting Source Material(s) to the website.
- THE MARKETING ANALYSTS will not be liable to correct any errors or omissions that were inherent in the original Source Material(s) and which may or may not affect the quality of the Deliverable.
- Source Material(s) will be virus checked upon receipt by THE MARKETING ANALYSTS.
- THE MARKETING ANALYSTS reserves the right to refuse to translate any Source Material(s) that is/are of an offensive nature, defamatory, obscene, in breach of any statutory or regulatory obligation, or is otherwise considered inappropriate by THE MARKETING ANALYSTS, whose decision in all matters shall be binding and conclusive.
- The services can be utilized by either individuals or businesses.
Personal Accounts are for individuals, payment is by credit card over PayPal and all service levels and languages are available. Payment is normally required in advance.
Business Accounts are for use by companies or other legally incorporated bodies only:-Payment can be via multiple credit cards or by purchase order. THE MARKETING ANALYSTS will need to approve the purchase order prior to any orders being commenced.
10. THE MARKETING ANALYSTS provides an estimate service - this is quoted on a without prejudice basis based on the information provided and shall be subject to such Terms and Conditions and fees as THE MARKETING ANALYSTS may direct.
11. THE MARKETING ANALYSTS Guarantees
. THE MARKETING ANALYSTS warrants that proofread translations and will meet reasonable commercial standards for professional human translation (i.e. human translation by a bilingual translator with reasonable skill in translating the concepts and terminology of industry-specific text with a proofread by a second translator).
- i. THE MARKETING ANALYSTS warrants that the non-proofread translation service will meet reasonable standards for professional human translation (i.e. human translation by a bilingual translator with reasonable skill in translating the concepts and terminology of industry-specific text, but not proofread by a second translator).
12. Times for expected receipt of the Deliverable are indicated at the time of order acceptance (Projected Delivery Date). THE MARKETING ANALYSTS will use its best efforts to meet these deadlines but does not accept liability for any delay in delivery. THE MARKETING ANALYSTS reserves the right to amend the delivery date and will make all reasonable efforts to contact the Client if there is any change in the Projected Delivery Date.
13. Payment is due at date of order, unless a Business Account using an approved purchase order system has been established in which case, payment is due 30 days from the date of invoice.
14. For Business Accounts, THE MARKETING ANALYSTS will only accept Orders from valid Business Account users. Every Order will be validated prior to any work commencing. THE MARKETING ANALYSTS reserves the right to decline any Order or to cancel any Order prior to delivery.
15. Business Accounts using an approved purchase order system will be invoiced at the end of each calendar month for all Orders completed in the month.
16. Payment can be in Pounds sterling, US Dollars or Euros.
17. The Client has 10 days from receipt of the final Deliverable to inform THE MARKETING ANALYSTS of any errors or omissions contained in the translated work. THE MARKETING ANALYSTS will make the necessary corrections free of charge and within a reasonable timeframe.
18. Client Warranties
. The Client represents and warrants that it owns or is licensee of the Source Material(s) and all components thereof, and that translation of the Source Material(s) and publication, distribution, sales or other use of the deliverable shall not infringe upon any copyright, trademark or patent, or other right of any third party.
- i. The Client represents and warrants that Source Material(s) submitted to the website is/are of good quality and free of errors or spelling mistakes.
- ii. The Client warrants not to change source material(s) after the order has been accepted.
19. THE MARKETING ANALYSTS makes no representations or warranties of any kind, except as set forth above. WITHOUT LIMITING THE FOREGOING, THE SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS AND WITHOUT ANY OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
20. THE MARKETING ANALYSTS shall not be liable for any incidental, special or consequential damages or loss of any nature whatsoever, nor for any claim against the Client by any other person or entity, arising from or relating to services rendered by THE MARKETING ANALYSTS, 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 THE MARKETING ANALYSTS has been advised of the possibility of such damages by anything contained in related proposals and other documentation. THE MARKETING ANALYSTS shall not be responsible for any loss or damage to, nor the return of, any Source Material(s). The maximum liability to the Client by THE MARKETING ANALYSTS shall in all cases, other than those involving death or personal injury, be limited to the value of the Order.
21. In the event that the Client breaches this Agreement, THE MARKETING ANALYSTS shall have the right to terminate immediately, whereupon the Client shall pay the full purchase price provided hereunder for the services completed and for all work in progress. In the event that THE MARKETING ANALYSTS breaches this Agreement, the Client shall have the right to terminate whereupon THE MARKETING ANALYSTS shall return to the Client all Source Material(s) and data supplied by the Client together with all Deliverables that exist as of the date of termination.
22. All rights, titles and interests in and to the Source Material(s) 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 the Client. Notwithstanding the above, the Client acknowledges that
. THE MARKETING ANALYSTS is the sole and exclusive owner of all rights, titles, and interests in and to all
- i. methodology, information, software, and databases used in translating the Source Material(s), and
- ii. inventions, methodology, innovations and databases developed by THE MARKETING ANALYSTS in the course of translating the Source Material(s), including any and all patent rights, copyrights and trade secrets therein. Provided that the Deliverables and copyright and trade secrets therein shall remain the property (but not the risk) of THE MARKETING ANALYSTS until THE MARKETING ANALYSTS shall have been paid in full for such Deliverables.
23. The nature of the work performed and any information transmitted to THE MARKETING ANALYSTS by the Client shall be confidential. THE MARKETING ANALYSTS shall not without the prior consent of the Client, divulge or otherwise disclose such information to any person other than authorized employees or authorized subcontractors of THE MARKETING ANALYSTS whose job performance requires such acts. The provisions of this paragraph shall not apply to the extent THE MARKETING ANALYSTS 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 THE MARKETING ANALYSTS.
24. The Client shall indemnify, defend, and hold harmless THE MARKETING ANALYSTS, 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 incidental to any suit, claim or demand based on (i) the performance of this Agreement by either party, (ii) the 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 the Client, (iv) any taxes and 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 the Client, or (v) any claim that any element of the Deliverable infringes any copyright, trademark, patent, or other proprietary right.
25. THE MARKETING ANALYSTS may terminate the rights of the Client without cause at any time and with immediate effect.
26. All disclaimers, indemnities and exclusions in the Agreement shall survive termination for any reason.
27. If any part of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that part shall be deemed severed and the validity and enforceability of the remaining Terms and Conditions shall not be affected.
28. THE MARKETING ANALYSTS may modify these Terms and Conditions at any time.
29. This Agreement is to be governed by and construed in accordance with US Law. Any disputes shall be subject to the exclusive jurisdiction of American (USA) courts.