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. (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.
1.1 Clients access the Linguaserve.com 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 username (ID) and password. These login details will be provided to each individual client after they sign their respective contracts.
1.3 Client obligations
a) Clients promise not to reveal their ID and password to third parties and to take the utmost care in looking after them.
b) The client states they own or have the right to use the Material to be translated by LAS.
c) The client guarantees that the Material to be translated does not include abusive, threatening, injurious, libelous, obscene, or pornographic content, or which breaks the law in some other way, including but not limited to any criminal law, laws on trade names, or industrial or intellectual property rights, and is not provided in breach of any contractual obligations undertaken by the client.
d) The client assumes any legal liability which may arise from the content of the Material to be translated.
e) The client undertakes to make every effort to ensure the source material uploaded to the website or to the LAS servers for all services does not contain a virus or other destructive code.
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
II. INTELLECTUAL PROPERTY RIGHTS
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.
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 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 will make every effort to ensure translations are as faithful to the original as possible, but declines any responsibility for the consequences this may cause 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 obliged to inform the client of these circumstances, and assumes full responsibility for any liability which may arise from work 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 error, 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 responsible for a failure to comply with their obligations according to these General terms and conditions if the failure was due to force majeure.
Without prejudice to the above, LAS will notify clients of any error in the materials delivered as soon as possible after detecting them.
VI. 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 in the period and with the quality established individually 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 make every effort to ensure delivered work does not contain viruses or other destructive coding, applying a commercially available antivirus before delivering it to the client. However, given that online delivery involves resources beyond the control of LAS, the company cannot guarantee that work reaches the client free of destructive coding.
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 actual LAS website which, after keying in a series of data, provides a quote for information purposes. This estimate is not binding. If clients want an exact amount and a binding estimate, they must go to the LAS website.
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. Frames must not be used to embed links, advertisements, and/or other information not originating in the site.
8.2 If it is determined that any part of this Contract is invalid or inapplicable, the invalid or inapplicable part will be replaced by a valid or applicable clause which best fits the original intention, while the rest of the Contract will continue to be valid.
8.3 LAS reserves the right to change these general terms and conditions at any time without advance notifications to clients. These changes will not affect previously signed individual contracts.
8.4 LAS may keep a copy of each delivery for purposes relating to the guarantee and for due diligence. It will agree with each client individually on how long LAS can keep such copies.
8.5 LINGUASERVE recognizes the client’s ownership of the Material, in any publication, edition or distribution format, and its confidentiality, both in content and in its technical specifications. Consequently, it commits to:
(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 regards to the possible destruction of copies of the items included in it, whatever media it may be located on.
IX. SETTLING DISPUTES AND JURISDICTION
9.1 Any dispute arising from the application and interpretation of these general terms and conditions will be resolved in accordance with Spanish legislation.
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 all matters not set out in these general terms and conditions, the corresponding Spanish legislation will be applicable, especially in matters concerning the protection of consumers and users.
9.4 If there should be any contradiction between the general conditions and the individual conditions in client contracts, the individual conditions will take precedence, or where applicable, those that are more favorable to 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.