BizTranslate is providing access to this website and its contents on an "as is" basis and makes no representations or warranties of any kind, express or implied with respect to this site or the services featured except as agreed in agreements for specific service regardless of the nature or form of any claim, whether in contract or in tort, or otherwise. BizTranslate disclaims all other representations and warranties, including the warranties of merchantability and fitness for any particular purpose. BizTranslate 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.
BizTranslate grants permission to access and view this website for the sole purpose of information and reference. Any other use of materials on this website including reproduction for purposes other than those noted above, or any modification, distribution, or republication without the prior written permission of BizTranslate is strictly prohibited.
All rights are reserved with respect to all information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, or other intellectual or proprietary rights owned by BizTranslate or other third parties and contained in this website. Customers and users acknowledge and agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed.
BizTranslate shall not use for any purpose whatsoever 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 website. Examples of such information are name, postal address, email address and phone number. BizTranslate 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 BizTranslate by customers shall be confidential. BizTranslate shall not divulge or otherwise disclose such information to any person or third party without the prior written consent of the customer. This provision shall not apply to the extent BizTranslate 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 BizTranslate.
These Terms and Conditions constitute a legally binding agreement between the Client and BizTranslate regarding services rendered or to be rendered by BizTranslate. In the event of conflict with any communications, proposals, contracts, marketing materials, or agreements, these Terms and Conditions shall control. Submission of source materials (as defined below) constitutes acceptance of all these terms and conditions.
1 - Definitions1.1 - BizTranslate means BizTranslate Translation Services.
2 - Client Specifications/Assistance
BizTranslate shall translate specialized terms by their usual and conventional meanings, and otherwise make decisions based on BizTranslate's standard production procedures. All Source Materials shall be legible and shall be delivered to BizTranslate in such format(s) and such time as BizTranslate shall specify. BizTranslate shall not be responsible for delay in delivery due to failure to deliver any Source Materials in a timely manner or proper format.
3 - Modifications/Additions to Source Materials
All modifications or additions to the Source Materials shall be submitted to BizTranslate 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 shall be determined based on extent and implication of changes and percentage of work already completed. Client shall be advised by BizTranslate of the estimate of additional charges before the changes or additions are made by BizTranslate.
4 - Corrections
BizTranslate shall correct the following errors free of charge:
Outright mistranslations, omissions, typographical errors, grammatical mistakes, non-adherence to any approved glossary. Client agrees that AlfTrad shall have no liability or obligation regarding errors in translations unless BizTranslate receives written notification of the error(s) within fifteen (15) days following delivery of the Deliverable to Client. BizTranslate's sole obligation with respect to errors shall be the obligation to correct the Deliverable at no cost to Client.
5 - Limitation of Liability
BizTranslate shall 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 BizTranslate, 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 BizTranslate has been advised of the possibility of such damages, anything contained in related proposals and other documentation notwithstanding. BizTranslate shall not be responsible for any loss or damage to, nor the return of, any Source Materials.
6 - Representations and Warranties
BizTranslate represents and warrants that it shall perform the translation 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 orther use of the Deliverable shall not infringe upon any copyright, trademark, patent, or other right of any third party.
7 - Legality
This Agreement shall be governed by, enforced and construed in accordance with the laws of the State of Texas.
8 - Disclaimer of Warranty
The foregoing warranties of BizTranslate are in lieu of all other warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. BizTranslate makes no warranty that use of the Deliverables or use of any information relating thereto or contained therein shall not infringe any patent, copyright, or trade secret or any other proprietary right of any third party.
9 - Termination
In the event that Client breaches this Agreement, BizTranslate shall have the right to terminate whereupon Client shall pay the full purchase price provided hereunder for the services completed and for all work in progress, but in any event not less than 40% of the total purchase price. In the event that BizTranslate breaches this Agreement, Client shall have the right to terminate whereupon BizTranslate shall 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 shall be 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.
10 - 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.
11 - Confidentiality
The nature of the work performed and any information transmitted to BizTranslate by Client shall be confidential. BizTranslate shall not without the prior consent of client, divulge or otherwise disclose such information to any person other than authorized employees or authorized subcontractors of BizTranslate whose job performance requires such acts. The provisions of this paragraph shall not apply to the extent BizTranslate 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 BizTranslate.
12 - Indemnification
Client shall indemnify, defend, and hold harmless BizTranslate, its owners, directors, officers, employees, representatives, agents, 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.
13 - Terms of Payment
Payment methods shall be by either of the following methods. (i)Where no credit arrangement has been agreed between BizTranslate and Client, payment shall be made by credit card or direct deposit to our bank account. (ii) Where credit arrangements have been agreed between BizTranslate and Client, Client shall make payments to BizTranslate for all agreed services within fifteen (15) or thirty (30) days of receiving a valid invoice from BizTranslate, depending on the arrangement between BizTranslate and Client.