Terms of Use

TERMS OF USE

Definitions

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

Himalayan translations are not bound by any obligation to obtain written or verbal indication of clients ‘ acceptance of those Terms and Conditions, including staff members, advisors, boards of directors, vendors, or contractors. If a customer uses the Site for any purpose including the collection of information, he or she has accepted our Terms and Conditions by default. If anyone wishes to stop using our web site for any purpose not subject to the Terms and Conditions and to our other policies.

General Information

himalayantranslations is a service for all purposes that matches customers with freelancers. All users of the site, including but not limited to the purchase of goods and services, agree to comply with the rules, regulations and conditions set out in this documents and to respect them. Read this page from start to finish and plan to check it often. Our lack of acquaintance with the terms does not relieve visitors or customers of their obligations.

Your Obligations

You agree to adhere to this page’s terms and conditions. All uses of our website and our services are included. You also agree that this document supersedes everyone else in terms of Himalayan translation policies.

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 can refrain from accepting any project request or providing the requested services to the Customer without fear of legal or other action. This can be done at the discretion of the company and can be done without checking the sources provided. This refusal can be linked to legality, obscenity, offensiveness and cultural insensitivity, or because for another reason, the Company considers the request inappropriate.

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 will only be implemented after all the details provided by the company’s client have been submitted. If project details need to be specified or changed the company will contact the Customer and propose that the details of the project be modified appropriately and that additional payment or refund be discussed if necessary.

Translation cost is calculated using word count. Any exceptions will be detailed in writing.

In terms of quality, the company offers a stable level of service. The client is responsible for selecting the right level of service. In accordance with the selection of the customer, the company will select the appropriate independent contractor and instruct them to provide services. None are obligated to make the right choice between the Company and the Independent Contractor.

In the case of an increase in word count or a different nature of the work concerned than originally agreed, the company is not responsible for finalizing the project in the initial conditions. The Company shall, where this happens, give the Client a modified quote. The time limit may also be changed in addition to this.  If the new terms are not acceptable for him, the Customer may request a refund.

Requests for Sunday services can not be processed on the same day, due to scheduling and staffing. The completion of services could be slightly delayed. If this is the case, the customer shall be notified of this on Monday as soon as possible.

Editing, fact verification, proofreading, or otherwise ensures that all source materials are error free is not the responsibility of the Company. Furthermore, the independent contractor has no obligation to find, rectify or inform the customer of any errors. None of them is responsible for quality loss in the final product due to mistakes in the source material.

The Company will release all completed deliverables to the Client when all work is complete, and they have received all payments due.

Deliverables completed will be forwarded with the means set out or outlined in the contract to the Customer by the Company. Moreover, the company will make every appropriate effort to ensure the delivery of materials in a timely manner. The Company accepts no responsibilities, however, in relation to the delay in material delivery.

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.

Revision Policy

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:

  1. 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.
  2. If a revision request does not alter the details of the original translation Project, any changes that a Client wants will be honored.
  3. 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.
  4. 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.
  5. 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

  1. As stated, a request may be submitted in writing via email, or live chat within the time frame that this policy requires.
  2. 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.
  3. 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

  1. 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.
  2. 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.

Refund Policy

Refunds will be granted in the following limited instances:

  1. 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.
  1. 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.
  2. 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.
  3. 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.
  4. 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:

  1. Date of Project was requested,
  2. Project number,
  3. Client details (the name that is on the invoice, email used on the order),
  4. The payment method used.

In addition, in order to demonstrate the sound, language, target audiences, phraseology or other specific instructions, the Client is also expected to provide the appropriate information to the Independent Contractor. Customer must show that remedies proposed would not solve the problem effectively. The Customer must agree not to use materials provided by the Company for a private or business purpose from a reimbursed Project.

The Company shall investigate once the Client submits the refund request together with all the necessary material. Remittances will ideally be issued within five working days. It could take two weeks, however. Refunds will be granted only if the company determines that the customer has the right to a refund under the policy on reimbursement. If reimbursement is due, the customer shall be notified and the method of payment informed.

Intellectual Property Rights

We acknowledge that the intellectual property of those Customers is any document, video, audio, file or other material that we receive from our Customers and that these are solely in possession of the original items. If our translators provide the completed work to our customers, this is also the customer’s unique property. We make no claim of ownership and do not at any time claim any materials for translation provided to us. It is not for customers and employees of this website to opt out of any materials that 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.

Copyright Infringement

If customers supply us or our translators with any material, they guarantee that they have supplied us with items they have created or obtained. When materials have been reproduced or infringed by copyright at any point in time, we shall immediately end our relationship with the Customers and endeavor to contact the owner to seek a 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.
Changes to Terms of Use and Other Policies

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.

Personal Information

We gather and retain our customers ‘ personal information. This information covers first and last names, contact details, user names, etc. We use this information for customer service and help us to deal with customers. Similar information about our translators is also retained. All registered users are obliged to follow and follow all of our policies.

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.

Liabilities

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.

Resolving Disputes

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

Force Majeure is any event which is not reasonably expected to be monitored or mitigated by the company. Strikes, disputes, utility defaults, natural disasters, God’s acts, non-performance, war, vandalism, transport issues, accidents, riots, laws or regulations that have been recently implemented and other similar events, all qualify as Force Majeure.

The enterprise can not in any way be held liable if it fails to fulfill the contractual obligations or if the provision of services is delayed because of an event that falls within the scope of force majeure.

If this event makes it impossible for the Company to render services for more than four weeks, the Company is entitled to terminate all of the existing contracts. In writing, impact customers will be notified.

Age Policies

This Website is intended for use by the majority age group. When we find that a client is not old enough to legally use our services, we cancel his account and remove all personal information on our website.