Conditions of usePrivate client area.
The following general conditions govern the use of the “Global Business Connector” (GBC) Information System, developed and owned by Linguaserve Internacionalización de Servicios, S. A (LAS).
By using the GBC program, clients agree to be bound by these Terms and conditions of service. If clients do not wish to be bound by these Terms and conditions of service, they may not access nor use the GBC program.
1.1 Clients access the GBC service using the virtual office located on the www.linguaserve.com website after identifying themselves as a user of the service.
1. 2 To use the service, it is essential that the client has a user name (ID) and password. These access codes will be provided on a case-by-case basis to each client after signature of the relevant contract.
1.3 Client obligations
a) Clients undertake not to divulge their ID and password to third parties and to take the utmost care in their safekeeping.
B) The client declares that it is the owner of, or has the right to use, the Material that it requests LAS translate.
C) The Client guarantees that the Material for translation does not have any abusive, threatening, libelous, defamatory, obscene or pornographic content or that infringes any law in any other way, including, without limitation, any criminal, commercial trademarks or industrial or intellectual property rights law and that it is not provided in contravention of contractual undertakings assumed by the client.
D) The client assumes all legal liability that may arise from the content of the Material that it requests be translated.
E) The client undertakes to do everything possible so that when uploading original Material onto the Web Site or onto LAS servers for all Services, it does not contain any virus or other destructive code.
1.4 Data Protection
LINGUASERVE INTERNACIONALIZACIÓN DE SERVICIOS, S. A. guarantees compliance with the provisions of Constitutional Law 15/1999 of 13 December, on Personal Data Protection, of Royal Decree 994/1999 on Security Measures and other applicable law, and notifies that personal information gathered using the email@example.com address, is stored in a database held by LINGUASERVE INTERNACIONALIZACIÓN DE SERVICIOS, S.A., which takes the necessary technical, organizational and security measures to guarantee confidentiality and integrity of the information.
The User and/or Professional are notified and give their consent so that their personal data may be input on the following files, duly registered at the Data Protection Agency, with Client, Supplier and Company names, for the purposes of carrying out all the procedures needed to maintain relationships with Clients and Suppliers and for control and monitoring by LINGUASERVE INTERNACIONALIZACIÓN DE SERVICIOS, S. A.
LINGUASERVE INTERNACIONALIZACIÓN DE SERVICIOS, S. A. is fully aware of the use and processing that must be made of the personal data gathered. In addition, it acknowledges and guarantees submission to existing legal provisions in the field and undertakes to comply with its obligation to secrecy of the personal data and its duty to store them, guaranteeing that it will adopt all such protection and security measures as are necessary and within its reach, to prevent their alteration, loss, misuse, unauthorized access or theft, in accordance with the Regulations on Security Measures for Computerized Files approved by Royal Decree 994/1999 of 11 July.
Nevertheless, the User and/or Professional should be aware that Internet security measures are not impregnable.
LINGUASERVE INTERNACIONALIZACIÓN DE SERVICIOS, S. A. will only be liable for the security level on its own systems, as, at any time, the situation in which the various users or third persons may find themselves, in the present or future, is an unknown.
The User guarantees that the Personal Data provided to LINGUASERVE INTERNACIONALIZACIÓN DE SERVICIOS, S. A. are true and undertakes to notify it of any change to them.
Users have recognized rights, which they may exercise, of access, rectification, cancellation and objection in accordance with the provisions of the Data Protection Act, Organic Law 15/1999 of 13 December. Users may exercise these rights by contacting LINGUASERVE INTERNACIONALIZACIÓN DE SERVICIOS, S. A. by e-mail.
II. INTELLECTUAL PROPERTY
2. 1 The content of the website, Global Business Connector program and other working tools used for translations are the property of LAS. Therefore all these applications are subject to protection under intellectual and industrial property legislation and any dissemination or reproduction, whether in whole or in part, without express consent from LAS is forbidden.
2. 2 LAS declares that all work ordered, including translations, are the property of the client and LAS waives any right it may have over them.
III. CONTRACTING, PROCESSING AND HANDING OVER OF PROJECTS
3.1 Specific conditions on the contracting, processing and handing over of projects shall be set out in writing in the individual contracts signed by Linguaserve with each client.
3. 2 Without prejudice to the provisions of the heading above, the client accepts that a translation is so complex that in some cases it is impossible to make a literal transcription of terminology between different languages. Linguaserve, nevertheless, will attempt to do everything possible so that a translation is as faithful as possible to the original, but disclaims liability for consequences that this may produce outside Spain.
IV. SUBCONTRACTING OF SERVICES
LAS shall ensure that translations are done by translators it has directly contracted. Nevertheless, at given moments, when the accumulated volume of work does not allow LAS to meet orders with its own resources, it reserves the right to authorize directly employed translators to sub-contract services in as far as this will allow each order to be met promptly. LAS is not under any obligation to notify this circumstance to the client and assumes any kind of liability that may arise from translations done in this way.
V. UNUSUAL SERVICE OPERATIONS, SYSTEM AND COMMUNICATION ERRORS
If system errors occur that impede, hinder or delay service provision or the handing over of materials in any way:
5.1 If the error has occurred as a consequence of a client system fault, LAS disclaims any liability for damages caused.
5.2 If the error has occurred as a consequence of an LAS system error, LAS assumes all liability for damages that may be caused to the client as a result.
5. 3 Errors caused by faults in communication systems (telephone lines and other data transmission media) are understood to be caused as a result of force majeure and will be treated in accordance with the legislation set out in that regard. None of the parties will be liable for the fault in performing their obligations under these General Conditions if the fault was caused as a result of force majeure.
Without prejudice to the provisions of the previous paragraphs, LAS will notify the client of any error that may occur in the Materials delivered as soon as possible after detecting its existence.
VI. GUARANTEES APPLICABLE TO ALL SERVICES, PRE-EXISTING WORK, DELIVERIES AND THE USE OF THE WEB SITE AND ITS CONTENT.
6.1 The specific conditions for receipt of orders, services offered and delivery of work carried out will be set individually for each client in writing.
6. 2 LAS guarantees delivery of the work with the deadline and quality individual set with each client. These terms will be complied with except where factors intervene that are out of LAS’ control (accidental cuts to lines of communication, faults in the system out of LAS’ control).
6. 3 LAS will make its best efforts to ensure that the work delivered does not contain any virus, or other destructive codes, by using a commercially accessible antivirus prior to sending it to the client. Nevertheless, given that delivery of data over the computer involves media out of LAS' control, the company cannot therefore guarantee that work is received by the client free from destructive codes.
VII. PAYMENT TERMS
7.1 Specific payment terms will be set individually with each client in writing.
7.2 Without prejudice to the foregoing, as a general rule payment for services will be made in advance.
7.3 Work will not be carried out by LAS at any time without prior receipt of the relevant payment.
7. 4 A resource tool is available to the client on the LAS web site which, after keying in a series of data, gives a quote for information purposes. This will not be binding at any time and the client must contact LAS for the exact amount and to obtain a fixed quote.
8. 1 It is strictly forbidden to link directly to the Services offered on the Website without express written permission from LAS. A hyperlink to the general URL for the Web Site home page will be allowed, as long as it does not infringe LAS' ownership rights and deep linking, or any other illegal referencing, is abstained from. Framing links, adverts, and/or other information not originating from the Web Site, on the Web Site is expressly forbidden.
8.2 If it is decided that any part of this Contract is invalid or inapplicable, the invalid or inapplicable provision will be considered to be replaced by the valid or applicable provision that is the closest to the original provision and the remainder of the Contract will continue to be in force.
8. 3 LAS reserves the right to amend these general conditions at any time without prior notification to clients. These changes will not have any effect on individual contracts entered into beforehand.
8. 4 LAS may keep a copy of any Delivery for purposes related to the guarantee and for due diligence. The period for which such copies may be held by LAS will be agreed individually with each client.
8. 5 LINGUASERVE acknowledges the client's ownership of the Material, in any form of publication, edition or distribution, and its confidentiality, both in content and its technical specifications. As a result it undertakes:
(i) To use the Material for the sole purpose of fulfilling the contractual obligations undertaken by signing this agreement;
(ii) Not to reveal, without prior written consent from the client, or allow revelation to any third party, any information that has come to its knowledge as a result of the contractual relationship regulated by this agreement;
(iii) Once the Initial Internationalization of the Material is complete, to follow client's instructions with regard to the possible destruction of copies of the items included in it, whatever media it may be located on.
IX. CONFLICT RESOLUTION AND JURISDICTION.
9.1 Any conflict arising from the application and interpretation of these general conditions will be resolved in accordance with Spanish law.
9.2 The jurisdiction for dispute hearings and other legal cases arising from the application of these general conditions, as well as contracts entered into individually with clients, will be the courts and tribunals of Spain.
9.3 In as far as not provided for in these general conditions, the relevant Spanish law will be applicable, particularly in the field of consumer and user protection.
9.4 If any contradiction should arise between the general and individual terms set in contracts entered into with clients, the individual ones will be applicable or, as appropriate, those that are more favorable for the client.
9. 5 The parties to this contract declare that they will always act according to the demands of good faith and will endeavor, as far as possible, to prevent any type of dispute between them and, if this should arise, will make their best efforts to resolve it.