LEGAL TERMS & CONDITIONS

Our services are provided by “TransLinguist Interactive” or “TransLinguist”. By using our product & services, you are agreeing to the following terms. Please read them carefully.

1. Definitions

• “You” means an individual, a company or any other legal entity you represent.
• “Client” means companies registered to use our product & services.
• “Linguist” means third party resources (translators and interpreters) that are engaged under
  contractual terms with TransLinguist and who are not full time employees.
• “Service” means all of the offerings as indicated on TransLinguist’s website.
• “Product” means TransLinguist Interactive; a remote interpretation solution owned by
  TransLinguist.
• “Request” means any service order put out by the client and accepted by TransLinguist.
• “Contract” means a contractual agreement between TransLinguist and the client for the use of either
  our product or services, or both.
• “Terms & Conditions” or “T&Cs” means all the clauses mentioned herein.
• “Source File” means the content shared by the client for the purpose of localisation.
• “Turnaround Time” means the estimated delivery time of a request.

2. Using Our Services

If you are entering into a contract with TransLinguist on behalf of your company or any other legal entity with you legally represent, and have the legal authority to enter into a contract with TransLinguist, “You” and “Your” would mean that entity in such case(s). If you are not legally authorized to enter into a contract with TransLinguist, or if you do not accept TransLinguist’s Terms & Conditions (T&Cs) as stated herein, you may not utilize the service/product offerings provided by TransLinguist.

By accepting these T&Cs, you are confirming that you are at least 18 years of age and agree to the following
conditions:

• Be accountable and responsible for the interaction with TransLinguist in relation to our service /
  product offerings.
• Show your compliance with any and all policies made available by TransLinguist.
• Not conduct any abusive, inappropriate or illegal activity while using our product.
• Not engage with linguists directly and only communicate with your dedicated Account Manager for the purpose of any feedback / amendments.
• Not share the financial proposal carefully drafted for you with other existing or potential clients.
• Not defame, wrongfully accuse or harass TransLinguist, or its employees and linguists.

TransLinguist may suspend of terminate your contract or access to our product & services if you do not comply with our T&Cs, or if we suspect misconduct, fraudulent activities and/or payments, or violation of any of the clauses mentioned in our T&Cs, with or without notice.

3. Terms of Use

The use of TransLinguist’s website are subject to the following terms:

• The content of our webpages are for general knowledge and subject to change without any notice.
• Our web browser uses “cookies” to monitor browsing preferences.
• We do not offer any warranty or guarantee for the absolute timelines, accuracy, performance and completion of the service offering for a particular purpose.
• You acknowledge that as translations/interpretations is a subjective field, certain deliverables may contain inaccuracies or stylistic errors, and we explicitly exclude liability for such inaccuracies/errors to the fullest extent, as permitted by the respective legislations.
• The use of information, services, product or materials in relation to TransLinguist is owned and/or licensed to us. Such information includes:
  – Design
  – Layout
  – Style
  – Graphics
  – Terminology
  – Guides
• The use of information made available on our website by you shall be entirely at your own risk, for which TransLinguist shall not be liable.
• Unauthorized use of our website may lead to us claiming for damages and/or file it as a criminal Offense.
• In case external links are found on our website, we do not take any responsibility for the content made available on the linked website and this shall not be regarded as TransLinguist endorsing any such links.
• Your use of our website and any disputes arising out of such use of the website is subject to the laws of either United Arab Emirates or United Kingdom.

4. Requesting Product & Services

(a) On-boarding: Before initiating a request to use the product and/or services offered by TransLinguist, you must first complete the on-boarding process with your dedicated Account Manager. By accepting our T&Cs, you agree to accommodate TransLinguist with any and all the information requested at the point of on-boarding, unless otherwise agreed between both parties.

(b) Payment: It is your responsibility to ensure you are well informed and aware of TransLinguist’s payment policy prior to initiating a request. All payments made to TransLinguist shall be made in cleared funds only, without any deduction of taxes, levies, import duties or withholdings of any nature. In case adding such deductions to the payment is compulsory, you are obligated to cover any additional amount as necessary to ensure the amount invoiced by TransLinguist is compensated
accordingly.

(c) Request: You can initiate a request to for the use of our product directly on TransLinguist Interactive. Request for additional services shall be made via electronic mail to the dedicated Account Manager along with the details and nature of the request.

(d) Source File: You are responsible for sharing the source files that required localisation, along with additional documents such as Glossary of Words, Style Guide, Translation Memory when making a request. TransLinguist may make suggestions as to which file format shall be accepted and/or preferred. However, the quality of the deliverables shall be dependent on the clarity, accuracy and comprehensiveness of the source file and any reference documents shared by the client

(e) Cancellation: You may cancel your request at any time, even if part of the request has already been completed as part of the localisation process. However, cancellation penalties will be applicable to all the requests that are cancelled. In case a request that has already gone into production has been cancelled, the client will be subject to cancellation penalties along with an invoice of the amount of localisation completed for that particular request.

(f) Turnaround Times: TransLinguist will aim its best to accommodate the client with accurate delivery times however, the client understands that such turnaround times are estimated and not guaranteed to be exact. In case a request is delivered earlier or later than the specified turnaround time, the client will be notified by their dedicated Account Manager.

(g) Supervision: TransLinguist allows the client to reserve the right to supervise the activities proposed as part of our product & service offerings, as reasonably necessary to ensure the satisfactory and timely completion of the services and delivery of the project request. Notwithstanding the supervision of the client, TransLinguist will fulfil its obligations in a professional manner, with a degree of skill and judgement that meets the highest international standards as per the languages industry. 

(h) Preferences: Since translation is a subjective process through which different individuals may express the same meaning using different word choices, TransLinguist will endeavor to work closely with the client in ensuring that the relevant stylistic corrections (if any) are completed within the required timeframe. Additionally, there may be “personal preferences” in word selection that may be stylistic or based on a person’s familiarity with a company- or industry-specific terminology. TransLinguist will attempt to utilize reference materials and glossaries to a commercially reasonable extent, but there remains the likelihood that the client may prefer word insertions or replacements.

(i) Inspection: Upon receipt of the deliverables from TransLinguist, the client shall immediately inspect the same and notify TransLinguist of any concerns within five (5) business days of receipt of deliverables via return receipt or electronic mail to your dedicated Account Manager.

5. Linguists

TransLinguist may use and retain third party contractors such as translators and interpreters in order to provide the service offerings as proposed by TransLinguist. By accepting our T&Cs, you agree that TransLinguist sublicense its rights to such third party linguists to act on behalf of TransLinguist, granted that such third party linguists have a valid contractual agreement in line with the respective legislations, and strict Non-Disclosure Agreements with TransLinguist

6. Intellectual Propert

All the intellectual property rights in the delivered requests shall be assigned to the client upon their approval and compliance to our T&Cs. Nothing contained in these T&Cs shall be construed as granting any license or rights to use any trademarks without a written permission from TransLinguist. All the content delivered is strictly protected by intellectual property laws and may not be copied, distributed, modified or transmitted in any manner.

7. Warranties and Covenants

The Client acknowledges, agrees, represents, warrants, and covenants that (i) the Client shall not solicit the services of the interpreter(s), either directly or indirectly, for the Client’s benefit, the interpreter(s) benefit, or the benefit of any third party, including, without limitation, attempting to hire or independently contract with the interpreter(s), and (ii) should the Client require work to be completed beyond this agreement, then the Client shall not under any circumstance attempt to contract work from the interpreter(s) directly. The foregoing provisions of this paragraph shall cease to apply to the Client in respect of any particular interpreter(s) after the second (2nd) anniversary of the last date on which such interpreter(s) performed any
work for the Client on behalf of TransLinguist, whether pursuant to this agreement or otherwise.

At no time will the Client permit (i) any interpreter(s) to remove documents or other materials from the Client’s offices, or (ii) any interpreter(s) to retain other interpreters for the purposes of outsourcing any of the interpreter’s services being rendered to the Client.

8. Indemnity

The client will indemnify and exempt TransLinguist, its affiliates, current and past management and employees from and against all claims, taxes, losses, damage, liabilities, judgements, settlements, costs and expenses of all nature, having direct and indirect connection with (i) the client’s breach of obligations, (ii) the client’s negligence and wrongful acts and (iii), the client’s failure to perform its obligations in accordance with the applicable laws and regulations.

9. Limitations of Liability

Under no circumstance shall either party; TransLinguist or the client, be liable for any direct or indirect, incidental, special or consequential damages, or damages for lost profit and loss of business, regardless of either party being advised of the possibility of such damages and notwithstanding the failure of the main objective of any limited remedy. In no event shall TransLinguist’s liability hereunder exceed the amount paid by the client to TransLinguist during the 12-month contractual period before the event giving rise to such liability.

10. Non Solicitation

By accepting our T&Cs, the client agrees that during the contractual term and for a period of 12 months’ post contract termination/expiration, the client shall not directly or indirectly canvas with a view of indicating employment to, offer an employment contract or entice any staff associated directly or indirectly with TransLinguist without the prior consent of TransLinguist.