CONDITIONS OF USE
The following general conditions govern the use of the “www. linguaserve. com” (Linguaserve. com) Information System, developed and owned by Linguaserve Internacionalización de Servicios, S. A. A (LAS).
By using the Linguaserve. com website, the client agrees 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 or use the Linguaserve. com website.
1. GENERAL CONDITIONS OF USE
1. 1 The Client accesses the Linguaserve. com service using the virtual office located on the www. linguaserve. com website after identifying himself or herself as a user of the service.
1. 2 To use the service, it is essential that the client has a username (ID) and password. These access codes will be provided case by case to each client after signing the relevant contract.
1.3 Client obligations
a) The client undertakes not to disclose his or her ID and password to third parties, and to take the utmost care in looking after them.
b) The client declares that he or she is the owner of, or has the right to use, the Material that he or she requests LAS translate.
c) The client guarantees that the Material for translation does not have any abusive, threatening, libelous, defamatory, obscene or pornographic content, and that it does not infringe 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 he or she requests be translated.
e) The client undertakes to do everything possible so that when uploading original Material onto the Website or onto LAS servers for all Services, it does not contain any virus or other destructive codes.
Linguaserve states that the Linguaserve. com website complies with the high-level security measures pursuant to the supplementary provision of RD 1720/2007 on personal data protection.
1.4 Personal Data Protection
2. INTELLECTUAL PROPERTY
2. 1 The content of the website, Linguaserve. com 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.
3. CONTRACTING, PROCESSING AND DELIVERY OF PROJECTS
3. 1 Specific conditions on the contracting, processing and delivery 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 above heading, the client accepts that translations are highly complex, meaning 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.
4. SUBCONTRACTING OF SERVICES
LAS shall ensure that translations are performed by the 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.
5. UNUSUAL SERVICE OPERATIONS, AND SYSTEM AND COMMUNICATION ERRORS
If System errors occur that impede, hinder or delay Service provision or the delivery 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, it 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 failure to perform 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.
6. GUARANTEES APPLICABLE TO ALL SERVICES, PRE-EXISTING WORK, DELIVERIES AND THE USE OF THE WEBSITE 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 individually set with each client. These terms will be complied with, except where factors intervene that are outside LAS’ control (accidental cuts to lines of communication, faults in the system outside LAS’ control).
6. 3 LAS will endeavor 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.
7. 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 actual LAS website which, after keying in a series of data, provides 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 Website, on the Website 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 divulging 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.
9. 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.