The following list contains definitions of various words and phrases that will be used throughout this document:
Company: Refers to TWP TRANSLATIONS Ltd., a company that provides Services to the Client.
Client: Any individual or group requesting services from the Company.
Contract: A binding document between the Client and the Company outlining services to be provided, price, and including the Terms and Conditions here.
Services: This is a blanket term used to describe translation, localization, editing, proofreading, and other work done by Independent Contractors for the Client on behalf of the Company.
Independent Contractor: This is the person, agency, or business who provides translation or related services to Himalayantranslations Clients. They operate under the guidance and direction of the Company.
Project: This describes the totality of the Client’s request for services under the same Contract.
Completed Project: All of the documents and other deliverables to be provided to the Client when work is finished.
Fees: This is the amount of money charged in accordance to the Company’s pricing system. The pricing system is subject to change. Fees are calculated according to the translation professional’s timesheet or as specifically agreed upon by both the Client and Company.
Website: This refers to himalayantranslations.com and all content within.
Source Materials: These are the documents provided by the Client for translation or other services.
Acceptance of Terms and Conditions
Himalayantranslations, it’s staff members, advisors, board of directors, vendors, and contractors are under no obligation to obtain written or verbal indication that Clients accept these Terms and Conditions. If a customer uses this website for any purpose, including information gathering, they have, by default, agreed to our Terms and Conditions. Those who do not wish to be held to these Terms and Conditions and to our other policies are strongly advised to cease using our website for any purpose.
himalayantranslations is an all purpose translation service that matches Clients with freelance translators. Anybody who uses the Website for any purpose, including but not limited to purchasing products or services agrees to be abide by and held to the rules, regulations, and conditions outlined in this document. Please read this page from beginning to end, and plan to review it frequently. Lack of familiarity with our Terms and Conditions does not relieve any visitor or customer from their obligations.
You agree to abide by the Terms and Conditions contained within this page. This includes any use of our website and services. You also agree that this is the document that supersedes all others when it comes to policies of himalayanstranslations
The Client willingly provides the following guarantees to the Company:
- They have the rights to all source materials that they are submitting to the Company for translation or other services. Further, they guarantee that they are committing no intellectual property or copyright violations of any other group or individual.
- They will not upload or otherwise transfer any documents or other files to the Company that could interfere with the Website, networks, data, or other systems. This includes but is not limited to malware. Further they agree that they will not use the Website, email, or other communications to interfere with the usability or security of the Website, files, data, systems, and networks.
- They meet all of the requirements, legally and otherwise, to meet all obligations outlined in these Terms and Conditions.
The Client releases the Company from any liability regarding costs, losses, legal expenses, damages, felt either directly or indirectly when these things are a direct result of the Client’s misrepresentations or failure to abide by the obligations they have agreed to follow.
Requests for Services
Clients submitting requests for any type of services from the Company, and who are supplying source materials are bound by the following Terms and Conditions:
There is no Contract in effect until the details of the Project have been outlined. The moment of conclusion of a Contract is the moment when the order is paid and sent, and the Client accepts Terms and Conditions.
The Company may decline, without any fear of legal or other action, to accept any Project request or to provide the Client with requested services. This may be done at the Company’s discretion, and may be done without reviewing provided source materials. This refusal may be related to legality, obscenity, offensiveness, cultural insensitivity, or because the Company deems the request to be inappropriate for another reason.
Illegal Materials and Activities
It is never our intent help anybody commit or participate in illegal activities or possess or distribute illegal materials. If we find any images, content, messages, videos, or audio files that we believe depict illegal activity, we will forward that information to the proper authorities, and cooperate with any resulting investigations.
Provision of Services
The Company will provide requested services upon receiving all fees that the Client is obligated to pay. Services will be provided as they have been outlined in the Contract, and will be done following the Company’s established best practices and procedures.
Clients must provide any and all information that the Company requests. In addition to this, they must ensure that all information submitted is complete and accurate.
The Project is taken into operation only after Company’s submitting of all the details specified by the Client. In case the details of the Project require specification/changes the Company gets in contact with the Client and suggests to make appropriate changes to the Project Details and, if necessary, discusses additional payment or refund.
Translation cost is calculated using word count. Any exceptions will be detailed in writing.
The Company offers tiered service levels when it comes to quality. The onus for selecting the appropriate service level is on the Client. The Company will select the appropriate Independent Contractor and instruct them to provide services in accordance with the Client’s selection. Neither the Company nor the Independent Contractor are obligated to ensure that the Client has made the correct choice.
In the event that the word count should increase or the nature of the work involved turns out to be different than what was originally agreed upon, the Company is not responsible for completing the Project under the initial terms. If this happens, the Company will provide a modified quote to the Client. In addition to this, the deadline may be changed as well. The Client may request a refund if the new terms are not acceptable to them.
Due to scheduling and staffing, requests for services that are made on Sunday may not be processed that day. This could result in a slight delay in completion of services. Should this be the case, the Client will be informed of this as early as reasonably possible on Monday.
The Company is not responsible for editing, fact checking, proofreading, or otherwise verifying that any source materials are free from error. The Independent Contractor also has no obligation to find errors, to correct them, or inform the Client that they exist. Neither the Company nor the Independent Contractor are responsible for any loss of quality in the final product due to errors in source material.
The Company will release all completed deliverables to the Client when all work is complete, and they have received all payments due.
Completed Deliverables will be sent to the Client using the means the Company has established, or as they are outlined in the Contract. In addition to this, the Company will make all reasonable efforts to ensure that materials are delivered on time. However, the Company does not accept any liability relating to the delay of the delivery of materials.
Payments and Charges
The Client is obligated to pay all fees related to their Project. Unless alternative arrangements are made, Clients are expected to render the total amount due before services will begin. All fees are outlined in the Project Details of the Contract, unless another agreement has been made.
Clients must make payments in full without deductions.
Any duties, taxes, V.A.T., and other fees that apply will be added to the total of the fees.
In some cases a deposit will be required. If the Client chooses to pay by credit card, a third party payment processor will retain the card information. When the Project is complete, the card will be charged for the agreed amount minus the deposit that was previously made.
The Client is not entitled to make any deductions or withhold payment for any reason.
The goal of himalayanstranslations.com administrators, translators and customer service staff is to provide accurate translations of any document or piece of writing and to get those ordered products back to the Client, according to that Client’s deadline.
Because our translations are conducted by humans, and because each piece is then reviewed and edited by a QA specialist, it is quite rare that a Client is not fully satisfied with the deliverables.
There are, however, some rare occasions in which a Client may request a revision to a product s/he has received. And our commitment to Client satisfaction means that we will accommodate those requests. Here are the provisions of our policy on revisions:
- Clients may genuinely find some errors or omissions that our translation or QA staff may have missed. Obviously, we will correct any error in timely manner and provide a discount for any future Project posted to himalayanstranslations.
- If a revision request does not alter the details of the original translation Project, any changes that a Client wants will be honored.
- If a revision request constitutes a change in the original order details, we will discuss with the Client the possible additional fees that may apply. For example, if a Client has forgotten to include a section of a piece that he now needs to add to that original Project, an additional fee may apply. This revision will require additional work on the part of a translator and a reviewer, and they must be paid for their additional work.
- Once a Client has received a final product, it is our policy that it should be reviewed within a 3 business day period and any revision requests be submitted to us, within that time frame. If the translated product is lengthy and complex, we ask that any requests be submitted within 14 days.
- Revision requests should be submitted in writing via email, or live chat. We will then respond immediately to that request and will discuss the details with the Client. It is our goal to have full understanding of exactly what the Client needs and to meet those needs immediately.
The Revision Request Process
- As stated, a request may be submitted in writing via email, or live chat within the time frame that this policy requires.
- Should a Client submit a request via telephone, he will be asked to follow up that request with a written explanation of the details of the revisions needed.
- It is obligatory for the Customer to provide a document where the mistakes and necessary corrections are clearly identified.
When a Revisions Request Becomes a New Order
- If a revision request involves additional materials, and those materials were not a part of the original order, then the Client should prepare a new order containing the additional material.
- If the new material is not lengthy or complex, then the Client should discuss the revision with the Customer Support Department. Chances are, it can simply be added with a small fee involved.
As stated above, it is our goal to attain full Client satisfaction with every order s/he places. As much as possible, we will work with any Client who needs revisions. If those revisions have resulted from our errors, of course they are free of charge. If, however, they represent changes or additions to the original order, we urge to call and discuss your need with us, so that we can come to an agreement and get those revisions finished quickly.
Refunds will be granted in the following limited instances:
- In case the Client doesn’t need offered services no more:
- If a translator hasn’t been assigned yet the refund will be of 100%. In this case the customer will be notified and the problem will be solved quickly.
- If the translator was assigned but the customer decided to cancel the order, the refund would be of 70%. It is needed to cover the Company’s efforts and the work already performed by the translator.
- If the translator was confirmed and half of a deadline already passed, the Client can get 50% refund.
- In case the Client cancels a part of the ordered services, they can get a refund of these services. The details of partial refund shall be agreed by the Company and the Client.
- If the Company and the Independent Contractor fail to deliver services with the required quality because the Client has failed to provide any additional materials or other needed information requested by the Company, the Client is not entitled to a full refund of the Project cost. The details of partial refund shall be agreed by the Company and the Client.
- A refund will be provided if the final products are not what was requested by the Client. This includes, but is not limited to documents translated into the wrong language. However, there must be evidence that the work done was in conflict with the instructions. We suggest either redo the work at our cost within the deadline agreed with the Client, or make a 100% refund.
- If a translation contains significant errors, the Client is obligated to inform the Company within the defined period and request revisions. If the request is not made in a timely manner, no refund will be issued.
Full refunds will be the amount the Client paid for services. However, delivery fees and shipping and handling costs will be deducted.
To be eligible for a refund, Clients must request the refund via the website or by email within 10 business days from the date they received the completed work. The refund request must come with the following information:
- Date of Project was requested,
- Project number,
- Client details (the name that is on the invoice, email used on the order),
- The payment method used.
In addition to this information, the Client is also expected to provide the appropriate information in order to demonstrate tone, language, target audience, phraseology, or other specific instructions were given to the Independent Contractor. Client must demonstrate that suggested remedies would not effectively fix the problem. The Client must agree that they will not use any materials of a refunded Project provided by the Company for any private or business purposes.
Once the Client submits their request for a refund along with all required materials, the Company will investigate. Ideally, refunds will be issued within 5 business days. However, they could take as long as two weeks. Refunds will only be given if the Company determines that the Client qualifies for a refund under the refund policy. The Client will be notified if they are due a refund, and will be informed of the method of payment.
Intellectual Property Rights
We acknowledge that any documents, videos, audio tapes, files, or other materials that we receive from our Clients is the intellectual property of those Clients and that they maintain sole ownership of the original items. When our translators provide customers with finished work, that work is also the sole property of the Client. We do not at any time make a claim of ownership or rights to any materials provided to us for translation. The owners and employees of this website are not liable if customers opt to misuse any materials we have translated.
Any intellectual property that is possessed by the Company and used in providing services remains the property of the Company. This includes methodologies, knowledge, and processes.
When customers provide us or our translators with materials of any sort, they guarantee that they have provided us with items that they have either created themselves or have obtained the rights to. If at any point in time, it is found that materials have been plagiarized or copyright violations have incurred, we will terminate our relationship with that Client immediately, and make efforts to contact the owner of those materials, so that they may seek proper, legal remedy.
Confidential Information Policy
All parties agree that they will not disclose confidential information that they receive from one another. We, as a Company, do not disclose any personal information neither our Clients, nor our independent contractors. This includes information exchanged in order to do business as well as any information that is received in error. The exceptions to this include:
- When both parties consent.
- To share information with Company directors, Independent Contractors, and employees as it relates to completing contracted work.
- To legal representatives or other professionals.
The team at himalayanstranslations reserves the right to make changes to this document at any time. The responsibility of ensuring that they are up to date and have read the latest version of this document lies solely with the Client. Customers waive the rights to make any claims on the basis that this document was changed without their knowledge.
We collect and retain personal information from our Clients. This information includes first and last name, contact information, user name, and other general information. We use this information for customer service purposes and to help us conduct business with Clients. We also retain similar information on our translators. All registered users are obligated to follow all of our policies and to keep up with any changes to them.
Termination of Accounts and Privileges
You may cancel your account at any time. However, cancellation does not relieve you of any obligations regarding payments due, nor does it guarantee that any refunds or credits will be given. Likewise, himalayanstranslations staff members have the right to cancel any membership at any time. However, this will only be done if it is shown that a Client or translator has violated one of our policies. If you wish to cancel your account with us, please notify us in writing and we will begin the process of deleting your account. Please be patient as this can take some time to complete.
Use of Our Website
himalayanstranslations is not liable or responsible for the results or consequences that stem from your use of our Website or the services that you purchase. In addition to this, your account is intended for your use only. You are expressly prohibited from allowing others to obtain services or information via your account.
Anybody conducting business with us at any level agrees that they will not hold us responsible for any type of damage or loss that they incur using our services. This includes damage to reputation, loss of employment, loss of funds, and any other loss or damage.
Dissemination of False Information
We believe that we have a moral and ethical obligation to the community at large, and not just to our paying customers. Because of this, we have established policies that are specifically related to the areas of medicine and health care, academics, finance, and law. We will never knowingly facilitate the distribution of false or misleading information on these topics, and will carefully audit translation requests in these subject areas.
If a Client submits a complaint within the agreed upon deadline, the Company may agree to deliver a modified version of the work in dispute. This will then be compared to the original translation and will be used to determine an offer of reimbursement. This will be done at the discretion of the Company.
In the event of the dispute, both the Company and the Client agreed to use all the possibilities of solving the conflicts without recourse to legal proceedings. If within 30-days from the moment of starting a dispute the parties haven’t come to the agreement, one of them can initiate its solving in the court.
Force Majeure refers to any event that the Company cannot be reasonably expected to control or mitigate. Strikes, disputes, utility failures, natural disasters, acts of God, failure of other entities to perform their services, war, vandalism, transportation issues, accident, riot, newly implemented laws or regulations, or other similar events all qualify as Force Majeure.
The Company is not liable in any way if they fail to perform contracted obligations or there is a delay in the delivery of services due to an event falling under the umbrella of Force Majeure.
If the event in question causes the Company to be unable to render services for a period of more than four weeks, the Company has the right to terminate all Contracts in effect. Impacted Clients will be informed in writing.
This Website is intended for the use of those who have reached the age of majority. If we find that a customer is not old enough to use our services legally, we will cancel their account and delete all of their personal information from our Website.