TranslateXpress  - Terms and Conditions

Updated: 3/20/2011

Upon accessing or using this website, you (“Client”) hereby agree to all the provisions in these Terms and Conditions (“Agreement”).  If you do not agree to these Terms and Conditions, please do not use this site.  The Agreement shall remain in effect throughout the entire business relationship between Client and TranslateXpress, Inc. (“Company”) and will apply to all business dealings and transactions, which include but not limited to all Translations and Related Services (“Deliverables”) provided by the Company to the client.  We reserve the right to edit, change and alter these Terms and Conditions at any time by updating this posting without prior written notice.

1.  Deliverables

1.1.  We are committed and shall strive to provide quality Deliverables.

1.2.  We shall strive to meet our deadlines.

1.3.  Delivery occurs when Deliverables are submitted by mail, fax, email, FTP or by any other previously agreed upon method.

1.4.  Unless there is a considerable or unreasonable delay in the Deliverables, we will not be held liable in any way for delivery delays or for any consequences of such delays, nor shall any such delays entitle you to reject or cancel any contracts, agreements or commitments you have with the Company.

2.  Payment

2.1.  Payments will be made with no delay, without exception, per this Agreement and per the terms of any other written agreements and contracts between Company and Client.

2.2.  Payments will be made in full without any deductions, such as bank fees and any other service transfer and payment fees.

2.3.  Late payments will be assessed a 1.5% per month penalty.

2.4.  Any costs incurred in the collection efforts and process such as attorney fees and collection agency fees will be the responsibility of the Client.

3.  Cancellation

3.1  All orders (“Contract”) are final. 

3.2.  Unless otherwise agreed in advance, should you cancel or reduce the Contract, all your obligations to any such Contract shall remain in force, including but not limited to your payment obligations as agreed upon in said Contract.

4.  Retention of Title

4.1.  Until payment is received in full, the Deliverables shall remain the property of the Company.

5.  Intellectual Property

5.1.  The Client warrants that all documentations provided to Company do not infringe on the Intellectual Property Rights of any third party.

5.2.  Company shall not be held liable in any way of any Intellectual Property Rights infringements by the Client.   Any such Client infringements and consequences thereof shall be solely the responsibility of the Client.

5.3.  Client agrees to indemnify and hold harmless Company in respect of any such infringements.

6.  Right to Refuse    

6.1.  Company reserves the right to refuse or deny service to anyone.

6.2.  Company is under no obligation to explain or give any reason for any such refusal of service.

7.  Liability

7.1.  We shall not be liable under any circumstances to the Client or any third party for loss or damage of any kind, direct, indirect, consequential or otherwise.

7.2.   Any and all complaints and/or claims ("Claims") of any kind must be made in writing, in detail,  within 14 days of receipt of the Deliverables.   Claims brought forth after the 14 days period will not be valid and we shall not be responsible for any such Claims.

7.3.   If Client questions any aspect of the Deliverables, Client must notify Company of any such claims within 14 days of receipt of Deliverables.   Any and all corrections ("Review") that are deemed valid as per "Right of feedback" clause in this Agreement will be addressed and corrected at no cost to you.   The extent of our liability and responsibilities for any such Review shall be limited to, and not to exceed, under any circumstances, our commitment to address and to make corrections as per Review, in tranches or in full, depending on whether said Review, was deemed, in part or in full, valid and in accordance with the "Right of feedback" clause.

8. Right of Feedback

8.1.  Client can submit their review within 14 days of the receipt of the "Deliverables" and give their feedback.   Reviews received after the 14 days period will not be valid and will only be accepted at our discretion.  

8.2.  Reviews must be executed by a qualified reviewer that is a competent expert in the language and subject matter being reviewed.  

8.3.  All reviews must be submitted in writing.  

8.4.  Reviews must be detailed and itemized.   The reviewer must produce examples and supporting documentation in their review.   Unsubstantiated reviews are not valid and will not be accepted.  

8.5.  Matters of style preference and/or subjective nature are not valid and will not be accepted.  Only valid, objective, and corroborated corrections shall be accepted.

8.6.  Any and all corrections that are deemed valid will be implemented and corrected at no cost to you.

9. Disputes 

9.1.  Any and all feedbacks, reviews, complaints and/or claims of any kind ("Disputes") must be made in writing within 14 days of receipt of the Deliverables.   Disputes brought forth after the 14 days period will not be valid.

9.2.  If Company and Client cannot resolve Disputes brought forth amongst themselves, an independent objective expert "Expert" shall be appointed. 

9.3.  Expert must be agreed upon by both parties.  

9.4.  Expert fees must be negotiated and agreed upon by both parties prior to hiring of Expert.

9.5.  Unless Expert recommends differently, Expert fees shall be divided equally between the parties.

9.6.  Both parties agree to adhere to Expert's finding and both parties agree that said findings are final and that no further steps or actions of any kind shall be brought forth or made by either party in regards to said Disputes.

10.  Miscellaneous

10.1.   We may engage any person, company or entity of any kind to assist with, or perform any or all of our obligations and Deliverables.

10.2.  Any and all forms of written communication are considered valid.  Such forms of communications can be executed via mail, fax, email, FTP or by any other previously agreed upon method.

10.3.  This Agreement will supersede all others unless otherwise stipulated and agreed upon in writing.

11.  Governing Law

11.1.  Any and all disputes or claims shall be brought forth within the territorial jurisdiction of Los Angeles County, California. These Terms and Conditions shall be based on the laws of the State of California.

These Terms and Conditions are subject to change without prior written notice.