LINGUASERVE GENERAL CONDITIONS

These General Conditions govern the provision of services by LINGUASERVE. They work in conjunction with the Specific Conditions outlined in the “Framework Agreement on the Provision of Services”, the “Provision of Services Contract” signed with the Client, or the “Provision of Services” document accepted by the Client. Together, these documents, along with any subsequent Annexes, form the entire agreement between the parties. If LINGUASERVE and the Client mutually agree on different conditions, those conditions, when expressly stated in writing, will take precedence over the ones outlined here.

1. Purpose. LINGUASERVE will provide Services according to the technical, legal, and economic conditions set forth in the Specific Conditions. These conditions are detailed in either the “Framework Agreement on the Provision of Services”, the “Provision of Services Contract” signed with the Client, or the “Provision of Services” document accepted by the Client.

2. Place of Service Delivery. Services will be delivered either at LINGUASERVE’s premises or at the Client’s site, depending on the specific needs of each project. If the work is carried out at the Client’s location, the Client agrees to provide LINGUASERVE employees with the necessary resources to complete the project.

3. Time Frames for Implementation. Services will be provided within the time frames specified in the applicable Specific Conditions. LINGUASERVE will make every effort to meet the agreed deadlines but cannot be held responsible for delays that occur beyond its control.

4. Cancellation or Partial Termination. If the Client cancels any part of the services before LINGUASERVE has completed the entire service, the Client will pay LINGUASERVE for the portion of services already provided, based on the agreed fees and associated costs.

5. Service Fees and Payment Method. The fees and payment method are outlined in the Specific Conditions. In the event of non-payment, whether in full or in part, of any invoices related to the services provided, or if payment is delayed by more than 10 calendar days from the due date, the Client will owe LINGUASERVE a monthly late fee of 1.5% of the unpaid amount, calculated daily from the due date.
Additional Costs. The Client will reimburse LINGUASERVE for any out-of-pocket expenses not specified in the Specific Conditions, such as 24-hour express document delivery services requested by the Client, travel for professional services, etc.

6. Resources. LINGUASERVE will provide services using the human resources specified in the Specific Conditions. The company guarantees that the staff assigned to the project, as well as any replacements in exceptional circumstances, have the necessary experience and expertise to carry out the services.

7. Good Faith Agreement Regarding Employment. The Client agrees not to hire, either directly or indirectly, any LINGUASERVE employees assigned to the project for a period of 12 months following the project’s completion. If this commitment is breached, LINGUASERVE may take legal action, and the Client will be required to pay LINGUASERVE an amount equivalent to two years’ salary of the employee(s) hired in violation of this agreement.

8. Confidentiality. All information provided in this proposal is confidential and the property of LINGUASERVE. Similarly, any information marked as “confidential” by the Client, including business, product, or service-related details that could benefit competitors, will be treated with the utmost confidentiality by LINGUASERVE. This information will not be disclosed or published without the Client’s express written consent and will not be shared with third parties unless authorized by the Client. This confidentiality is guaranteed through confidentiality agreements signed by all LINGUASERVE personnel and third-party translators and collaborators. The Sales Manager and Project Manager will be the custodians of this information, sharing it only with those involved in providing the services.
Unless otherwise agreed in writing, terminology glossary entries created by LINGUASERVE during the provision of services are not considered confidential, except where the Parties agree that these glossaries are to become the Client’s property and are subject to confidentiality agreements.

9. Copyright. Upon full payment for the services, any applications or other results from the services that are not LINGUASERVE products will become the Client’s property. However, LINGUASERVE retains ownership until all payments have been fully satisfied.
LINGUASERVE is not responsible for protecting copyright, trademark registration, or other Client rights. LINGUASERVE may retain copies of the materials to be translated and the resulting translations for its records, maintaining confidentiality as per Section 8.
The methodology, the “Global Business Connector” application, LS-XML-Connector, and other tools used in providing the services are the exclusive property of LINGUASERVE and are protected under intellectual and industrial property laws. Any reproduction or dissemination, in whole or in part, without LINGUASERVE’s express consent, is prohibited.

10. Service Guarantee. LINGUASERVE adheres to strict quality standards. The company’s quality assurance process includes a full review of the texts by a qualified translator other than the original translator unless the Client specifies otherwise.
The Client has 30 days from the completion and delivery of services to notify LINGUASERVE of any errors or discrepancies. LINGUASERVE will correct any errors attributable to deficiencies in service provision at no cost to the Client, provided the results have not been altered by the Client or third parties.
If there is a dispute regarding the quality of the translation, LINGUASERVE and the Client may mutually agree to an independent audit, consisting of spot checks supervised by both parties.
LINGUASERVE has liability insurance for all its services.

11. Third-Party Changes. LINGUASERVE is not liable for any changes made by third parties without its prior written consent, or for the improper use of its systems by third parties outside of LINGUASERVE.

12. Personal Data Protection.

Data Protection Officer: contact at dpo@linguaserve.com

Purposes based on Contractual Relationship: personal data of the Client and associated individuals will be collected and processed to provide selected linguistic and translation services, as well as technological solutions (GBC Server, GBC User, ATLAS Real Time, ProofEditor, Machine Translation Server, Cava de Documentos and Telephone interpreting), handling queries, and administrative and accounting management. Clients will also have access to the client portal via a username and password at https://www.linguaserve.net.
: Signing this service contract also allows your details to be used for sending newsletters and promotional communications regarding our services via various channels, including email, SMS, or fax. You may opt out of these communications at any time by emailing clients@linguaserve.com or by following the opt-out instructions in each communication.
Purposes based on Consent: subscription to the newsletter and participation in the company’s blog.
Storage Period: client data will be retained following the termination of the service for the legally required period (typically five years, except for special cases).
Source: personal data will be collected directly from the individual or through the organization they represent.
Recipients: data will be shared with third parties only to fulfill legal obligations, such as tax-related duties, or as necessary to provide the requested services.
Data Controller: LINGUASERVE is responsible for handling the personal data provided by individuals. If personal data is accessed for service provision on behalf of a corporate body, organization, institution, or company, LINGUASERVE will act as the data controller and will sign the relevant data processing agreement provided by the Client.
Rights: individuals have the right to withdraw consent, request access to their personal data, request corrections or deletions, limit the processing of their data, object to data processing (if there is a public or legitimate interest), and request data portability. To exercise these rights, please email clients@linguaserve.com with your identification document attached. If you believe your rights have not been respected, you may file a complaint with the Spanish Data Protection Agency via their website www.agpd.es.

13. Amendments. Any changes to the Specific Conditions or these General Conditions must be made in writing and signed by both parties.

14. Cancellation. Failure by either Party to comply with the obligations outlined in the Specific Conditions or these General Conditions entitles the other party to unilaterally cancel the contract. This is subject to a written demand for compliance, with a maximum of 30 days to remedy the situation.
LINGUASERVE may cancel the contract in cases of force majeure or if there is reason to believe that, based on a history of unpaid invoices, the Client will not fulfill payment obligations upon service completion.

15. Applicable Law and Arbitration. This contract is governed by the laws of Spain. Any disputes will be resolved through arbitration under the rules of the Arbitration Court of the Madrid Chamber of Commerce and Industry, which will appoint arbitrators and administer the arbitration. The parties agree to abide by the arbitration ruling.