Responsive Translation’s Terms and Conditions
Use of Information and Privacy
Responsive Translation shall not use any personal information about individuals except when specifically and knowingly authorized to do so by such individuals, other than to provide services described on this Responsive Translation website. Examples of such information are name, postal address, e-mail address and phone numbers. Responsive Translation shall not sell, rent or loan any identifiable information regarding its customers to any third party.
The nature of the work performed and any information transmitted to Responsive Translation by customers is confidential. Responsive Translation will not divulge or otherwise disclose such information to any person or third party other than authorized employees or authorized subcontractors of Responsive Translation whose job performance requires such acts, without the prior written consent of the customer. This provision will not apply to the extent Responsive Translation is required by law to divulge such information or to the extent such information is or becomes a matter of public knowledge other than by disclosure by Responsive Translation.
Payment methods are by either of the following methods:
A.) Where no credit arrangement has been agreed between Responsive Translation and its customer, payment is made by credit card using encryption communications ensuring that credit card details are passed in a secure format. Credit card details are recorded by Responsive Translation when customers first register an order. Customers are required to register their credit card number when registering subsequent orders for validation by Responsive Translation. Responsive Translation will transact payments with the appropriate credit card companies in all instances. Where non-validation occurs, customers will be contacted by Responsive Translation for order confirmation and payment details prior to the translation process.
B.) Where credit arrangements have been agreed between Responsive Translation and its customer, the customer will make payments to Responsive Translation for all agreed services upon receipt of a valid invoice from Responsive Translation. The balance of all past due accounts will accrue interest at the rate of twenty-one percent (21%) per annum or the then-current lawful maximum rate, whichever is less. The customer shall further be liable for all costs, including attorney’s fees, incurred by Responsive Translation in collecting overdue payments.
These Terms and Conditions constitute a legally binding agreement between the Client and Responsive Translation regarding services rendered or to be rendered by Responsive Translation. In the event of conflict with any communications, proposals, contracts, marketing materials or agreements, these Terms and Conditions will prevail. Submission of source materials (as defined below) constitutes acceptance of all these terms and conditions.
If a client is dissatisfied with the services or products provided by Responsive Translation, we will refund the purchase price in whole or in part, based on the customer’s evaluation of our service as described in the terms below. A report, stating the reason for client dissatisfaction, must be completed so that Responsive Translation can issue a service failure review, a copy of which will be provided to the customer.
Responsive Translation reserves the right to revoke this guarantee for particular assignments in the event that a satisfactory outcome cannot be guaranteed. Clients will be advised of this change of terms before any billable work begins.
Pricing and Delivery
Responsive Translation reserves the right to adjust pricing and/or delivery estimates upon receipt and evaluation of the final source materials to be translated. Clients are advised by Responsive Translation of the estimate of additional charges or change of delivery date before beginning billable work.
Pricing and Delivery On Site
In the event of cancellation of any portion of on-site services, including interpretation or equipment between 72 and 24 hours before event, the client agrees to pay 50% of the estimated cost. For less than 24-hour notice, client agrees to pay 100% of the estimated cost, due to the commitment of our resources on planned dates. Client is liable for replacement costs of any lost or damaged equipment.
Responsive Translation will translate specialized terms by their usual and conventional meanings or according to specific client instructions, and otherwise make decisions based on Responsive Translation’s quality assurance process. All Source Materials will be legible and will be delivered to Responsive Translation in such format(s) and such time as Responsive Translation will specify. Responsive Translation will not be responsible for delay in delivery due to failure to deliver any Source Materials in a timely manner or proper format.
Modifications/Additions to Source Materials
All modifications or additions to the Source Materials will be submitted to Responsive Translation, clearly indicating changes and where they occur in relation to the previously submitted copy. Pricing and scheduling for incorporation of Source Material modifications or additions into the target language translation(s) in progress are determined based on extent and implication of changes and percentage of work already completed. Client will be advised by Responsive Translation of the estimate of additional charges before the changes or additions are made by Responsive Translation.
Responsive Translation will correct the following errors free of charge: Outright mistranslation, omission, typo, grammatical mistake and non-adherence to any approved glossary. Responsive Translation’s sole obligation with respect to errors is the obligation to correct the Deliverable at no cost to Client.
Responsive Translation cannot remit on-site fees or be liable for damages due to circumstances beyond our reasonable control such as, but not limited to, fire, theft, strike, terrorism, delay of aircraft or freight, illness, equipment, malfunction or act of God.
Limitation of Liability
Responsive Translation will not be liable for any incidental, special, or consequential damages or loss of any nature whatsoever, nor for any claim against Client by any other person or entity, arising from or relating to services rendered by Responsive Translation, regardless of the nature of the claim or the form of the cause of action, whether in contract or in tort, or otherwise, and even if Responsive Translation has been advised of the possibility of such damages, anything contained in related proposals and other documentation notwithstanding. Responsive Translation will not be responsible for any loss or damage to, nor the return of, any Source Materials.
Representations and Warranties
Responsive Translation represents and warrants that it will perform all work in a manner consistent with its standard production procedures. Client represents and warrants (i) that it owns or is licensee of the Source Materials and all components thereof, and (ii) that translation of the Source Material and publication, distribution, sale or other use of the Deliverable will not infringe upon any copyright, trademark, patent, or other right of any third party.
Disclaimer of Warranty
The foregoing warranties of Responsive Translation are in lieu of all other warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. Responsive Translation makes no warranty that use of the Deliverables or use of any information relating thereto or contained therein will not infringe any patent, copyright, or trade secret or any other proprietary right of any third party.
In the event that Client breaches this Agreement, Responsive Translation will have the right to terminate whereupon Client will pay the full purchase price provided hereunder for the services completed and for all work in progress. In the event that Responsive Translation breaches this Agreement, Client will have the right to terminate whereupon Responsive Translation will return to Client all Source Materials and data supplied by Client together with all translated product that exists as of the date of termination. Neither party is deemed to be in breach or default of any provision of this Agreement by reason of a delay or failure in performance due to any causes beyond its control.
Title and Ownership
All right, title and interest in and to the Source Materials and, except as hereunder provided, the Deliverables, and any and all patent rights, copyright, know-how, and trade secrets therein are and remain the sole and exclusive property of Client. Notwithstanding the above, Client acknowledges that Responsive Translation is the sole and exclusive owner of all right, title, and interest in and to all (i) methodology, information, software, and databases used in translating the Source Materials, and (ii) inventions, methodology, innovations, know-how, and databases developed by Responsive Translation in the course of translating the Source Materials, including any and all patent rights, copyrights, know-how, and trade secrets therein. Provided that the Deliverables and copyright, know-how and trade secrets therein will remain the property (but not the risk) of Responsive Translation until Responsive Translation will have been paid in full for such Deliverables.
A translation memory database of translated terms will be maintained in a secure environment by Responsive Translation, and upon receipt of payment remains the sole property of the client, and will be delivered to the client within 48 hours of the client’s request.
Client shall indemnify, defend, and hold harmless Responsive Translation, its owners, directors, officers, employees, representatives, agents and successors and assigns from and against any and all losses, damages, costs and expenses, including reasonable legal fees, resulting from, arising out of or incident to any suit, claim or demand based on (i) the performance of this Agreement by either party, (ii) Client’s breach of the covenants, representations and warranties made by it herein, (iii) the manufacture, advertisement, promotion, sale or distribution of any items by Client, (iv) any taxes and from any duties, levies, tariffs, or like fees that may be imposed by any government or collective authority upon manufacture, advertisement, promotion, use, import, licensing or distribution of items by Client, or (v) any claim that any element of the Deliverable infringes any copyright, trademark, patent, or other proprietary right.
Terms of Payment
Payment methods shall be by either of the following methods:
A.) Where no credit arrangement has been agreed between Responsive Translation and its customer, payment shall be made by credit card using encryption communications ensuring that credit card details are passed in a secure format. Credit card details shall be recorded by Responsive Translation when customers first register an order. Customers shall be required to register their credit card number when registering subsequent orders for validation by Responsive Translation. Responsive Translation shall transact payments with the appropriate credit card companies in all instances. Where non-validation occurs, customers will be contacted by Responsive Translation for order confirmation and payment details prior to the translation process.
B.) Where credit arrangements have been agreed between Responsive Translation and its customer, the customer shall make payments to Responsive Translation for all agreed services on receipt of invoice from Responsive Translation.
This Agreement shall be governed by, enforced and construed in accordance with the laws of the State of New York.
Access to This Site
Responsive Translation is providing access to this website and its contents on an “as is” basis and makes no representations or warranties of any kind, with respect to this site or the services featured except as specifically agreed. Responsive Translation disclaims all other representations and warranties, including the warranties of merchantability and fitness for any particular purpose. Responsive Translation shall not be liable for any compensatory, indirect or consequential damages, loss of data, income or profit, loss of or damage to property or claims of third parties arising out of or in connection with access to or use of any data on this site.
If you have questions regarding any of these terms and conditions about translation services, please contact us.