TERMS AND CONDITIONS
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The following Terms and Conditions apply to each request for a quote from Multilingua Franca Translation Services (aka Multilingua Franca) for the provision of translation services and/or other linguistic solution, and the provision of services following acceptance by the client of a quote from Multilingua Franca.
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By accessing and using these services, you accept and agree to be bound by these Terms and Conditions. Also, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in these services will constitute acceptance of these terms and conditions. If you do not agree to abide by the above, please do not use these services.
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1. Definitions
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For these Terms and Conditions, the term Translator refers to Liliana Helo, and the term Client refers to the buyer of the agreed translation services and/or any other translation-related tasks such as editing, proofreading, etc., collectively referred as the Parties.
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Multilingua Franca is engaged in the business of translation services (Services) and agrees to comply with the American Translators Association (ATA) Code of Ethics and Professional Practice.
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The term Translation for these Terms and Conditions means a translation or any other translation-related tasks such as editing (revision and review), proofreading, etc., that require the skills of a translator.
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The Party shall refer to a service provider or client that requests translation services from Multilingua Franca Translation Services or on whose behalf translation services are requested as subsequently named in the Quote.
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Quote means a quote issued by Multilingua Franca to the Client.
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Services means the services specified in the Quote.
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Original Materials/Source Text means the documents and other materials delivered to Multilingua Franca to perform the translation/revision/proofreading services under these Terms and Conditions.
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Deliverables/Final Materials means the final translated/proofread/revised/edited version of the Original Materials.
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Source Language means the language in which the Original Materials are written.
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Target Language means the language into which the contents of the Original Materials must be transferred, resulting in Final Materials.
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Confidential Information means any proprietary information, know-how and data disclosed in confidence by one party to the other party (and including in the case of the Client the Source Materials and the Deliverables), but does not include any information which (a) is in the public domain; (b) on receipt by the other party is already known by that party; (c) is at any time after the date of receipt by the other party, received in good faith by that party from a third party; (d) required by law to be disclosed by the other party.
Contract means a contract comprising an Accepted Quote and these terms and conditions.
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Intellectual Property includes all copyright, trademarks, designs, patents, domain names, concepts, know-how, trade secrets, logos, and all other similar property and rights whether registered or unregistered.
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2. Services
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All services, including but not limited to: translations, editing, proofreading, notarizations, legalizations, and certifications, shall be done in the manner and form indicated and displayed on the Multilingua Franca website. All services of alternate forms or means requested by the client must be agreed upon by the parties in writing and stipulated in detail in this document.
Each request for translation services made to Multilingua Franca and supply of Source Materials to Multilingua Franca is made subject to these terms and conditions.
No contract exists in respect of any request for translation services or in respect of any Source Materials that may be submitted to Multilingua Franca, unless and until there is an Accepted Quote. Once there is an Accepted Quote, a ‘Contract’ is formed between the Client and Multilingua Franca in respect of the Services described in that quote.
Multilingua Franca will issue a Quote after receiving from a client a request for translation services and/or other linguistic solution made in accordance with the procedures used on the Website.
Multilingua Franca reserves the right to decline to issue a Quote or to provide any translation services if the Source Materials contain any material which Multilingua Franca at its discretion (and without any obligation on Multilingua Franca to review the Source Materials for appropriateness, legality or otherwise) considers to be offensive, obscene, contrary to any law or otherwise considered by Multilingua Franca to be inappropriate.
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3. Provision of Services
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Subject to receipt of all applicable amounts due from the Client, Multilingua Franca will provide the Services as specified in the Accepted Quote and in accordance with Multilingua Francas’ standard practices and procedures including the practices and procedures as described on the Website at the time the Quote was issued to the Client.
Multilingua Franca has no responsibility to review the quality of the Source Materials for typographical or any other errors and has no liability to review the Source Material for or to correct any errors or omissions contained in any Source Materials regardless of the nature of such errors or omissions and regardless of the impact that such errors or omissions may have on the quality of the Deliverables.
Multilingua Franca will issue the Deliverables to the Client in accordance with Multilingua Francas’ standard practices and procedures applicable at the time or as otherwise specified in the Quote. Multilingua Franca will use reasonable endeavors to issue the Deliverables on or before the agreed delivery date/time, or where no specific delivery date/ time is agreed within a reasonable time following receipt of the Accepted Quote, but Multilingua Franca accepts no liability for any delay in meeting the applicable timing.
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4. Order
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All orders shall be confirmed in writing by email or, on an exceptional basis, by telephone, and shall include all the information and materials of reference required for correct performance of the service requested (such as glossaries or specific technical vocabularies, style books, images, target audience, target country, etc.). Should the Client fail to inform Multilingua Franca about any of the main aspects of the service, he/she shall not be entitled to any discount or compensation for potential deficiencies derived thereof.
Should Multilingua Franca not receive confirmation of the quote, Multilingua Franca reserves the right not to start work on the Order.
Should confirmation of the Order not be received within the period of validity of the budget, Multilingua Franca reserves the right to regard said quote as invalid and calculate a new quote.
In the event of existing clients that do not need a previous quote, or in the event of the absence of previous quote, all orders shall be carried out according to the previously agreed rates or previous rates established in previous similar quotes.
The delivery date for the order specified in the quote shall start from the acknowledgment of reception of the confirmed quote provided that Multilingua Franca has received all the Original Materials through the agreed medium.
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5. Payment Conditions and Methods
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The Client agrees to pay the Translator the fee(s) and costs outlined in each project assignment for Services. Any fee(s) and costs agreed in advance between Translator and Client become(s) binding only after Translator has received and reviewed the source material and Client’s instructions, and Parties have agreed in writing on the project specifications.
The Client will pay all applicable fees and costs as specified in the Quote, which will be due for payment or invoiced in accordance with the following clause 5.1 unless alternative timing for payment is being due or invoices being issued is specified in the Accepted Quote.
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5.1. In this clause, if the total amount payable is:
(a) US$ 200 or less, the total amount is due before commencement of the Services;
(b) Greater than US$ 200:
(i) 60% of the total amount payable is due before commencement of the Services; and
(ii) The remaining 40% of the total amount payable is due before release of the Deliverables to the Client;
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Supplementary charges may also be set in advance, for example, those arising from: (a) inconsistent text, poorly legible copy, or complicated layout or presentation; and/or (b) certification; and/or (c) priority work (work on a rush basis) or work outside normal business hours.
In accordance with the terms and conditions stipulated in the Quote or the specific Terms and Conditions with the Client, Multilingua Franca shall invoice the Client for the amount to be paid for Provision of the Service. Should, for technical reasons, Multilingua Franca be unable to invoice the Client within the period stipulated, Multilingua Franca may provide the invoice later on.
Multilingua Franca may invoice the amounts accrued for immediate payment whenever:
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an Order is suspended, halted, or canceled;
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the Customer breaches the General or Specific Terms and Conditions;
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in the event of fraud or risk of default.
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The Client accepts that Multilingua Franca will be issuing the invoice(s) for the service(s) in electronic format (PDF file via email). Invoices shall include the applicable taxes under the law in force.
Payment in full must be made by Client to Multilingua Franca no later than 30 days from receipt of the invoice. If an installment becomes overdue, Multilingua Franca, upon giving Client a written notice, has the right to stop work until the outstanding payment is received and to extend the deadline(s) for the delivery accordingly.
Multilingua Franca is entitled to charge a late fee for any undisputed overdue payments. There will be a 5% per month late fee added to the final price for each week that the invoice is not paid after 30 days. Accounts not paid within terms are subject to a 5% monthly charge.
Unless the parties stipulate another payment deadline and method, payment shall be made by bank transfer into the account specified by Multilingua Franca within thirty (30) days from receipt of the invoice (exchange and transfer rates, etc. shall be assumed by the Client).
The Client making the Order (accepting the quote) is ultimately the sole party responsible for payment of the services purchased, even if he/she is not the final recipient of the Order or if it makes the Order on behalf of third parties. In no event should payment to Multilingua Franca be contingent upon payment to Client by the party who commissioned the project.
In the event of a breach of the payment terms and conditions described above, Multilingua Franca reserves the right to suspend its service, and the Client shall be unable to file any complaint for this reason. The application of this clause shall not exempt the Client from payment of the invoices owed.
If the payment is returned by the bank as a result of lack of funds or any other situation beyond the control of Multilingua Franca, a compensatory measure equivalent to 5% of the agreed quote shall be applied and the project shall be put on permanent hold pending resolution by the client.
If the client is not satisfied, the client may contact us to express any concerns and refunds are at the discretion of Multilingua Franca.
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6. Order Modification/Cancelation
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If any modifications or revisions are made to the Original Materials or project specifications at any time while the task is in progress, the Translator’s fee, charges, and terms of delivery may be adjusted by mutual agreement in writing.
As soon as possible, Multilingua Franca shall inform the Client about the impact in terms of cost and time required to make the modifications or revisions to the Original Materials, which will be calculated based on the number and nature of the changes, as well as the order volume already completed.
The Client shall assume the cost of said modifications or revisions.
In the event an Order (a project assignment) is canceled while the task is in progress, the Client shall be obligated to pay Multilingua Franca 100% of the fees and costs corresponding to the services completed at the time of cancellation of the project.
If the order is less than US$200, cancellation is not possible once the service has been contracted.
For orders over US$200, a partial refund will be made as long as the translator has not exceeded 50% of the project.
Partially executed and canceled orders are delivered as they were at the time of cancellation without any guarantee of content since they will not be revised.
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7. Deliverables
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Under no circumstances shall Multilingua Franca/Translator be liable for any delay in delivering or providing Deliverables if such delay results, directly or indirectly, from (a) the failure or inability of Client to provide Multilingua Franca/Translator with prepayments discussed beforehand, as well as complete and/or legible copies of any documents or other materials necessary for the provision of the Deliverables, if applicable, (b) the failure of the Client to timely comply with any obligation or to timely provide any other materials or information needed for the preparation and/or provision of any Deliverables, or (c) instances of force majeure or any other reason beyond Multilingua Franca’s/Translator’s control.
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8. Client’s Review of Translations
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As permitted by law, no claim shall exceed the amount of the invoice. Claims must be submitted within 30 days of receipt of the translation provided in order to receive consideration. If the client is not satisfied with the translation provided, the client must communicate these problems to the translator and give the translator an opportunity to revise the translation to Client’s liking before rates or payment terms are amended.
Translator shall have no responsibility whatever as to any changes in the translation made by persons other than the Translator.
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9. Intellectual Property
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Nothing in this Contract transfers to Multilingua Franca, ownership of any Intellectual Property in the Source Materials or the Deliverables.
All Intellectual Property in the processes, methodology, and know-how used by Multilingua Franca in its performance of a Contract are and will remain the property of Multilingua Franca. Nothing in any Contract transfers to the Client any of Multilingua Franca’s Intellectual Property.
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10. Confidential Information
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Confidential Information shall mean all the client’s information disclosed to or obtained by Multilingua Franca that is not publicly available, and which relates to past, present or future products, programs, and business/professional activities, or the clients customers. Multilingua Franca shall hold all such Confidential Information in trust and confidence for client and shall not use Confidential Information other than for the benefit of client and, except as may be authorized by client in writing, Multilingua Franca shall not disclose any such Confidential Information, by publication or otherwise, to any person other than Multilingua Franca’s employees and persons necessary to complete the client’s project.
Confidential information for purposes of this paragraph shall not include the following:
(a) Information that is or becomes available to the general public provided the disclosure of such information did not result from a breach by Multilingua Franca of this paragraph.
(b) Terminological glossary entries compiled by Multilingua Franca in the course of the performance of the service(s) under this agreement; provided, however, that Client and Multilingua Franca may agree in writing that, upon payment by Client to Multilingua Franca of an agreed-upon fee, such terminological glossary entries shall be the property of Client and shall be covered by the confidentiality provisions of this paragraph.
The Client authorizes Multilingua Franca to store and use the Original Materials and the Final Materials during the term of the agreement with the sole purpose of providing the services ordered.
Multilingua Franca shall not be held liable in the event of the interception or deviation of information during data delivery online or by any physical means. Thus, the Client shall indicate in advance or when making the Order which delivery means it wishes Multilingua Franca to use in order to ensure the confidentiality of any sensitive information.
The parties recognize and acknowledge the confidential nature of the Confidential Information. Neither party may disclose any Confidential Information other than with the express prior written consent of the other party.
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11. Ownership
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Upon the Client’s completion of all payments provided in the accepted quote, the translation shall be the property of the Client. The Translator has no obligation to take any steps to protect any copyright, trademark, or other right of Client concerning the translation, except as may be expressly otherwise provided in these terms and conditions. Notwithstanding the foregoing, Translator shall have the right to retain file copies of the item(s) to be translated and of the translation, subject to the provisions of the Confidential Information section above.
The final release of copyrights or other intellectual property rights for translations in printed or electronic form, and audio or video recordings, computer files or graphics, shall only be issued after payment in full of all outstanding balances of the invoice amount, fees, and disbursements due to Translator, including interest.
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12. Indemnification and Hold Harmless
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The Client agrees to indemnify and hold Multilingua Franca/Translator harmless from all losses, claims, damages, expenses or liabilities (including reasonable attorneys’ fees) which Multilingua Franca/Translator may incur based on information, representations, reports, data, or product specifications that are furnished, prepared or approved by Client for use by Multilingua Franca/Translator in the work performed under these terms and conditions.
13. Severability
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If any provision of the Terms and Conditions is or becomes invalid or unenforceable, it will be severed from the rest of the Terms and Conditions so that it is ineffective to the extent that it is invalid or unenforceable and no other provisions of the Terms and Conditions shall be rendered invalid, unenforceable, or be otherwise affected.
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14. Notification
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Multilingua Franca/Translator reserves the right to change these Terms and Conditions from time to time as seen fit and your continued use of the services will signify your acceptance of any adjustment to these terms.
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15. Governing Law
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This agreement shall be governed by the laws of the State of Florida, U.S.A.
