By using our Service, you are agree to these terms. Please read them carefully.
“You” means you as an individual, or if applicable, the company or other legal entity you represent.
“Users” means visitors to this website or the Service who are not registered users.
“Customers” means visitors who are also registered users of the Service that seek to use the Services.
“Translators” means third parties who engage with BCN Global Translations and Customer to provide content translation services as contractors of BCN Global Translations (not employees).
“Service” means all the BCN Global Translations.com websites, services, apps, related technology, and the translation services provided to Customers and Translators.
“Orders” means any order for Services created by a Customer, and accepted by BCN Global Translations via acknowledge in the Platform or otherwise in writing.
“Client Materials” means the source content for translation by the Service, and any guidelines, glossary and other materials provided by Customer.
“Translated Works” means the content translated from the Client Materials.
“Platform” means BCN Global Translations’s online portal and platform where you can access your BCN Global Translations Account, initiate Orders and access the Service.
“TOS” means these BCN Global Translations Terms of Service and any policies, guidelines, or other documents referenced herein.
2. USING OUR SERVICES
If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the legal authority to bind the legal entity to this TOS, in which case “You” or “Your” means that entity. If You do not have this authority, or if You do not agree with the terms and conditions of this TOS, and You may not use the Service or any Service related materials. You represent that you are 18 years of age, or of the age of majority in your place of residence or jurisdiction.
You agree to:
- Be responsible for the activity that happens in connection with your BCN Global Translations account
- Keep your password confidential
- Comply with any policies made available to you by BCN Global Translations
- Not abuse or conduct illegal activity using our Service
- Not contact or attempt to contact Translators outside of the Platform that BCN Global Translations provides for communication
- Not defame or harass BCN Global Translations, or its employees, contractors, Customers, or Translators
- Not create multiple BCN Global Translations accounts for any reason
BCN Global Translations may suspend or terminate your access to the Service or an Order if you do not comply with this TOS or if we suspect misconduct, fraudulent activities or payment, or a violation of this TOS, with or without notice.
BCN Global Translations may modify or suspend the Platform or Service, at any time for any reason.
If You are a Translator, or applying to become a Translator, this TOS also applies to You. Approved Translators are also subject to the BCN Global Translations Translator Agreement.
3. ORDERS, APPROVAL, RETURN POLICY
Payment. Customer must pay directly to an Interpreter in case of oral translation/interpretation after the service. In case of written translation BCN Global Translations will send an invoice that can be payed via bank transference or PayPal with 50% prepayment.
Order. Customer can initiate an Order by providing all the required information via the Platform.
Client Materials. Customer is responsible for providing the Client Materials to be translated, materials describing the context of the translation, and all other necessary materials (glossary guide, etc.) when placing the Order. BCN Global Translations may make recommendations on which source materials and in what format to provide source materials, but ultimately the quality of the results will depend on the clarity, accuracy, and comprehensiveness of the Customer’s source materials and instructions provided.
Delivery of Translated Works. BCN Global Translations gives an estimated time for Service completion, but cannot guarantee an exact delivery time. We will email you when the Translated Works are ready for your review. Unless otherwise expressly agreed by BCN Global Translations, time is not of the essence for delivery or performance, and no delay shall entitle you to reject any delivery.
Approval or Rejection. Upon BCN Global Translations’s notification of delivery of the Translated Works, Customer will have strictly 120 hours to review the Translated Works. Customer may approve the Translated Works via the Platform. If Customer does not take action via the Platform within the 120 hour review period, the Translated Works will be deemed “Approved” and the Translator will be paid for the Translated Works. Once “Approved”, no alterations, revisions, or refunds of the Translated Works will be provided.
Due to the nature of language translation, errors in translations will inevitably occur. Customers may reject the Translated Works within the 120 hour review period if it reasonably determines that it does not meet the Quality Level that was ordered. We will perform a quality audit and typically get back to you within one business day of the rejection. If BCN Global Translations determines that the Translated Works that you have rejected did not meet the quality level specified in the Order, then BCN Global Translations will honor the rejection and provide a retranslation or allow the Order to be cancelled.
BCN Global Translations’s liability will be limited to correcting the errors or providing refund.
Disclaimer. You agree to review any Translated Works before making such content public, and you expressly agree that BCN Global Translations will not have any liability or indemnity obligations to you based on the Translated Works if you fail to do so.
4. TRANSLATORS; CONTRACTORS
BCN Global Translations may use and retain third party contractors (such as Translators) to provide the Service to you. As such, you agree that BCN Global Translations may sublicense its rights under this TOS to third parties to act on BCN Global Translations’s behalf, provided that such third parties are contractually bound by terms no less protective of Customer than this TOS. BCN Global Translations is solely responsible for paying and resolving all disputes with third party contractors and Translators.
5. CLIENT MATERIALS DISCLOSURE
We disclose the Client Materials to potential Translators and contractors, for the sole purpose of allowing him/her to preview the content in order to decide whether to engage the Order. You are solely responsible for editing or removing any confidential or personally identifiable information the Client Materials if you do not wish to disclose that information.
6. INTELLECTUAL PROPERTY
All intellectual property rights in the Translated Works will be assigned to Customer upon Customer’s Approval of the Translated Works and Your compliance with this TOS.
The trademarks, names, logos and service marks (collectively “Trademarks”) such as “BCN Global Translations”are trademarks of BCN Global Translations. Nothing contained in this TOS shall be construed as granting any license or right to use any Trademark without BCN Global Translations’s prior written permission. The content on the Service is protected by intellectual property laws and may not be copied, distributed, modified, published, or transmitted in any manner.
Third party content and trademarks displayed on the Service are owned by their respective owners and may not be reproduced in whole, or in part, without the express written permission of the owner.
If you opt in to allow BCN Global Translations to use your Translated Works as “public examples,” you grant BCN Global Translations a worldwide, perpetual, royalty-free, irrevocable, license to publish and display your Client Materials and related Translated Works in connection with operating, promoting, and improving our Services. This license continues even if you stop using our Services.
If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
In order to provide you and our other customers the best possible translation and language services, we (and those we work with) may use your Translated Works, as aggregated with other customer works, to generally improve the Services (for example, fine tune our turn around time estimates, or improve machine translation and machine learning systems). If we do this, we never disclose your identity or confidential information, nor make your Translated Works publicly available.
Customer will indemnify and hold harmless BCN Global Translations, its affiliates, current and past directors, officers, and employees from and against any and all claims, taxes, losses, damages, liabilities, judgments, settlements, costs and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with: (1) Customer’s breach of any of its representations, warranties or obligations under this TOS; (2) Customer’s negligent, reckless or intentionally wrongful act or by its assistants, employees, contractors or agents; (3) Customer’s failure to perform its obligations or exercise its rights in accordance with all applicable laws, rules and regulations.
8. LIMITATION OF LIABILITY
In no event shall either party or any BCN Global Translations affiliates be liable for any indirect, incidental, special or consequential damages, or damages for lost profits or loss of business, however caused and under any theory of liability, whether based in contract, tort (including negligence) or other theory of liability, regardless of whether either party was advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy.
This Agreement is governed by the laws of Russian Federation. Any claims or disputes shall be resolved in the state or federal courts located in Moscow, Russian Federation.
BCN Global Translations may modify this TOS at any time. You should look at the terms regularly. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between the terms in this TOS and an Order, the Order will control for that conflict.
This TOS controls the relationship between BCN Global Translations and you. They do not create any third party beneficiary rights.
If you do not comply with this TOS, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
You may not assign, transfer, or delegate any portion of this Agreement without BCN Global Translations’s prior written consent. BCN Global Translations may assign, transfer, or delegate any portion of this Agreement with or without notice to You. Your attempt to assign, transfer, or delegate this Agreement without BCN Global Translations’s consent will be null and void.