CONDICIONES GENERALES DE ACCESO Y UTILIZACIÓN DE ESTA WEB
ALTALINGUA, SL (herein, AltaLingua) is a Spanish company, with its head offices located in Plaza de Pedro Zerolo, 11, 1ºA (28004) Madrid it holds Spanish Tax ID Code (C.I.F.) no B84470020, as is registered in the Business Registry of Madrid.
I.- You are accessing a website that belongs to AltaLingua. This website can be visited by any user free of charge, providing it is exclusively for their personal use. “User” shall mean any individual or legal entity that accesses or has accessed this website, thus becoming bound to these General Terms and Conditions and the content of the Personal Data Protection Policy and Cookies Policy (hereinafter, Legal Notices).
II.- Users must use this website and its content diligently and in accordance with the General Conditions, Legal Notices and current regulations. AltaLingua reserves the right to refuse or withdraw the access to this website and/or services, at any time and without prior notice, to any user that does not comply with that established in these General Terms and Conditions.
III.- Advertisments, deals and promotions published on this website for the provision of services are expressed in EUROS, unless the advertisement itself indicates another currency. In the case of needing to physically deliver the services, shipping costs are not included in the published rates, unless specifically indicated in the advertisement, deal or promotion.
IV.- AltaLingua reserves the right to modify or delete at any time and without prior notice, any content, service or information contained on the website.
V.- In order for AltaLingua to provide the services offered on this website, users will have to fill in all the data and other information requested on the website forms in each case, unless otherwise expressly stated in the advertisement, deal or promotion.
VI.- The user must abstain from using this website and its services for illegal purposes or effects, contrary to that established in the General Terms and Conditions, or in any way that might adversely affect the rights and interests of other third parties, or that might in any way damage, render useless, overload or deteriorate the website and its services, or prevent the users from the normal use or enjoyment of same.
VII.- Users must abstain from obtaining any type of accessible material through this website or its services, using for this any means different to those, as the case may be, that have been made available to them or indicated for that purpose.
VIII.- The inclusion of the website’s content on other Internet portals or any other media or supports is not allowed. Reproducing, distributing or publicly communicating is not allowed either, nor is transforming the website’s contents, whether it is for free or through the payment or financial compensation, in any form.
All intellectual property rights regarding the website and its contents are held by AltaLingua and are protected by Spanish, European Union and international laws, the exclusive ownership in the whole world and during the entire legal life of those rights is reserved to AltaLingua.
Reproducing, copying, distributing, modifying, transforming, removing, manipulating and other forms of using all or part of this website or any of its content is expressly prohibited, whether it is profit-seeking or non-profit, without previous express and written authorisation from AltaLingua.
Notwithstanding the above paragraphs, certain content on the website belongs to its respective authors and is used on the website in accordance with the corresponding license or authorisation from said author.
AltaLingua is not responsible for possible infringements of intellectual and/or industrial property rights of third parties caused by content provided by third parties, or for any harm, loss or damage to persons and/or goods following the methods, theories, ideas, opinions, instructions or recommendations expressed in such content.
The connections and links to third party sites or webpages have been established solely for the User’s convenience. AltaLingua shall not be held responsible, in any case, for those links and their content.
AltaLingua shall assume no liability deriving from the existence of links between the content of this site and content of other sites or of any other mention of content that is external to this site.
The purpose of these links or mentions is solely informative and does not in any way imply support, approval, commercialisation or any relationship between AltaLingua and the people or bodies concerned and/or those responsible for the management of such content or the owners of the sites concerned.
The express approval of Altalingua is required to insert links on the website.
Responsibility of the Comments on the Website:
The website allows users to leave comments through its different channels. The publishing of comments is subject to the General Terms and Conditions, Legal Notices and current regulations. If the user does not agree with them, they should not use these services.
Sole responsibility for the comments submitted and ensuring that their inclusion on the website complies with the relevant applicable laws is held by the person identified in each case as being the one who leaves the comment. Comments made by users do not reflect the views of AltaLingua.
The user agrees and is aware that advertisements, electronic message chains or any other content that does not discuss or debate articles or news are not accepted. The user indicates their satisfaction with the General Terms and Conditions, Legal Notices and current regulations, undertaking to not to use the services to send defamatory or insulting messages, or messages that contain false information that is inappropriate, abusive, harmful, pornographic, threatening, damaging to the public image and/or private life of third parties or for any reason that breaks the law.
The user providing the comments surrenders the rights to reproduce, use, distribute and publicly communicate or any other activity regarding these comments to AltaLingua, whether in an electronic, digital, paper format or any other means. Specifically, the user surrenders those rights to the location of comments on AltaLingua’s website, social networks pages, etc., so that the other users from different sites can also have access to them.
The user providing the comments declares to have the ownership of the usage rights of the User Files or, when applicable, guarantees that they have the rights and necessary authorisations from the author or owner of the rights, for its use and operation by AltaLingua through the website.
AltaLingua shall not be held responsible, except in extreme cases if so required by the applicable legislation, for damages or harm that could be caused by using, reproducing, distributing or publicly communicating comments that are protected by intellectual property rights belonging to third parties, without the user previously receiving the correct authorisation from the original owner for the use or intended use. In such case, the user accepts to be the only one held responsible before any complaint from a third party that claims to have the rights over the provided content.
The user will hold AltaLingua harmless before any finance or property complaints or any other type, made by a third party regarding any unauthorised use of the comments.
AltaLingua reserves the right to unilaterally remove comments held in indicated sections of the website.
Applicable Legislation and Jurisdictional Authority:
These General Terms and Conditions and its terms will be governed and construed in accordance with Spanish legislation. The user, purely by accessing AltaLingua’s website, irrevocably grants their consent that by defaults the competent courts can be aware of any legal action deriving from or linked with the present terms and conditions, or with their use of the website.
In the case of a dispute or conflict arising from the interpretation or enforcement of this Legal Notice, any such dispute or conflict will be resolved before the Courts and Tribunals of Madrid, Spain.
GENERAL TERMS AND CONDITIONS FOR CONTRACTING
1.OBJECTIVE AND FIELD OF APPLICATION
The general terms and conditions for contracting define and establish the needed requirements for providing a translation / interpreting service. They govern the commercial relationship between the Translation Service Provider (TSP), acting as a translation service provider (ALTALINGUA, SL, hereinafter AltaLingua), and the client, the rights and obligations of both parties as well as the issues and controversies that may arise unless otherwise agreed.
2.RELATIONSHIP BETWEEN THE CLIENT AND ALTALINGUA, SL
A. GENERAL CONSIDERATIONS
AltaLingua has a documented procedure regarding the management and analysis of consultations, the determination of project viability, budget preparation, the formalisation of contracts with clients, invoicing and payment records.
B. CONSULTATIONS AND VIABILITY
AltaLingua analyses client consultations according to the translation or interpreting service requirements. AltaLingua determines whether all the human and technical resources needed are available.
C. QUOTE CONTRACT
Unless otherwise agreed with the client, AltaLingua will put together a quote contract for the client which, at the very least, includes the price and time frame for the service to be completed. Upon the client signing this quote contract and returning it via email to AltaLingua, it will be considered that said client accepts the conditions and the order will be considered as formalised. The client undertakes to inform AltaLingua, at the latest during the formalising of the order, about significant matters that must be taken into account for the work to be carried out, such as the language combination, the time frame and means of delivery, the translation purpose or if there is a style guide of reference. In the case that the client does not inform AltaLingua of these important matters in a timely manner, and should the work not conform to the intended purpose, the client will not have the right to waive the total or partial payment or to claim any type of compensation.
D. SERVICE PROVISION
In order to provide the client with a complete service, in accordance with the general practices of the translation market, AltaLingua will be able to hire the services of a third party to carry out the work at any time without being obliged to inform the client. Communications between the client and the third party hired by AltaLingua, will be made through AltaLingua in every case, except when express permission by the latter has been granted. The client and said third party will not be able to establish a direct contractual relationship for the purpose of any service that AltaLingua is in a position to offer within the timeframe of 1 year from the order, unless expressly permitted by AltaLingua.
E. DELIVERY TIME AND METHOD
In the quote contract. AltaLingua establishes the translation delivery time which is calculated according to business days. All references to time correspond to the Spanish peninsula time (GMT + 1). AltaLingua and the client will agree the delivery method which will be considered to have taken place when it has been demonstrably carried out as agreed (courier, postal mail, electronic format, hand delivery). Both physical delivery and electronic delivery will be realised under the client’s responsibility. AltaLingua will not be held responsible for any possible faulty transmission of the files nor for the loss or misdirection during the physical transportation or electronic transmission of the product.
F. MODIFICATION AND CANCELLATION OF PROJECTS
In the case that the client decides to change the order once they have sent the signed quote contract, AltaLingua reserves the right to modify the delivery date as well as the applicable rate. Changes shall be communicated in writing. Should the client decide to cancel or terminate any of the elements reflected in the quote contract before AltaLingua has completed the service, the client will pay AltaLingua part of the incurred costs in the concept of planning and resource allocation. Cancellation must be communicated in writing. Should the cancellation or termination take place once AltaLingua has finished the order, the client will pay the complete quantity according to the agreed conditions in the quote contract. Furthermore, if the client could not maintain their commitments due to undergoing liquidation, dissolution or others, they will immediately inform AltaLingua of the situation. AltaLingua will be able to immediately cancel the total or partial order and demand its immediate payment. In the case that the service requires the translator or interpreter to travel, AltaLingua reserves the right to apply a 25% charge plus substance allowance and travelling costs, if the client changes the date or cancels it with less than 24h working hours in advance. Should the service be postponed or cancelled on the day that it was anticipated to be carried out, AltaLingua reserves the right to charge 100% of the quoted amount plus substance allowance and travelling costs.
G. RATES, PAYMENT CONDITIONS AND THIRD PARTY REMUNERATION
The prices or tariffs that appear on the quote contract shall be construed in euros, unless indicated otherwise, and shall be calculated in words, per page, per document or per working hours. The prices or tariffs could vary according to the volume and urgency of the work. Quotes will be charged according to the translated words, unless otherwise agreed, for which the quote contract will indicate an approximate amount. Nevertheless, AltaLingua undertakes to inform the client as soon as possible of any deviation in the pricing of the work that exceeds 20% of the initial amount, unless the quote contract contains a different agreement.
AltaLingua will send the invoice to the client once the order finalised or at the end of the calendar month during which the work was completed. The payment shall be made within 30 days from the date the invoice is issued, unless otherwise agreed. The payment may be made by bank transfer, cheque, cash or through other payment systems such as PayPal. For a first time collaboration with a client, AltaLingua reserves the right to demand an advance of up to 40%. Regarding orders inferior to €100 or superior to €2000, AltaLingua might demand a payment on account of the whole or partial amount. In the case of a payment failure, AltaLingua reserves the right to demand interest for a value of 5% on the type of interest from the Bank of Spain until the total payment of the order. In all cases, it will be considered that the client that formalised the order will be the first and sole person responsible for the payment of the contracted services, even in the case that they are not the final beneficiary of the order or they placed the order on behalf of a third party.
In the case that a third party delays the delivery of the work or they do not comply with the quality requirements established in Standard UNE-EN 15038, AltaLingua reserves the right to not submit the order or to only pay part of the work. If the collaborator’s incompliance leads to damages or harm to AltaLingua of any nature, AltaLingua can claim these from the third party.
With the exception of the provisions outlined in chapter VII, sections 297 and 499 of the Spanish Criminal Code with regard to the disclosure of confidential information, AltaLingua undertakes to not communicate any information that it may have access to through the documentation that had been entrusted to it for translation or reference purposes to third parties or to use said information for its own benefit. The confidentiality obligation will not be applicable to matters that are in or come from the public domain. All knowledge and information expressly identified in writing by the client as “confidential” which AltaLingua has access to whilst undertaking the contracted service, with regards to the business, the clients’ products or other confidential information that may be made the most of by market competitors, will be kept strictly confidential and, unless otherwise provided by the client, will not be disclosed or published by AltaLingua in any case nor will AltaLingua authorise third parties to disclose or publish this. In view of the above, AltaLingua guarantees that all translators, collaborators, other members of the organisation and all those persons involved in the translation process sign a confidentiality agreement. It will be understood that terminological glossaries put together by AltaLingua in the translation process will not be considered as confidential, unless the client and AltaLingua agree in writing that these glossaries will become the client’s possession and likewise they are governed by the confidentiality clauses in this section.
I. DATA PROTECTION
On 23 October 2008, AltaLingua obtained the certification that accredits its adaptation to the regulation in force on Protection of Personal Data in Spain pursuant to Organic Law 15/1999 of 13 December and consequently it is registered in the file notified with the name PROVIDERS/AGENCIES of the Spanish Data Protection Agency with registration code 2090340156. The client expressly accepts that their data is stored in AltaLingua’s administrative systems pursuant to the data protection regulation in force. The client can exercise their rights of access, rectification, cancellation and information. AltaLingua will not provide third parties with client data without the client’s express authorisation.
J. USE AND COPYRIGHT RIGHTS
AltaLingua reserves all use and authorship rights. The client will be authorised to use and modify the material provided to AltaLingua provided that the complete payment of the price agreed in the invoice is paid. Any use of a translation or service that is not fully paid for pursuant to the corresponding payment conditions agreed and accepted will constitute an illegal use and appropriation, in which case AltaLingua reserves the right to seek justice though the legal and administrative means available.
K. LIABILITY AND COMPLAINTS
AltaLingua is only liable for damage caused due to its own direct and provable negligence. AltaLingua’s liability shall not, in any case, be greater than the amount agreed for the order and that which is stated on the corresponding quote contract. The client guarantees to be in possession of all the authorship rights of the material that is subject of the order and, subsequently, AltaLingua will not be liable for any possible damage to the third party authorship rights. The client shall be solely responsible for the use or the service or product provided by AltaLingua. AltaLingua will not assume responsibility for any possible errors caused by the possible ambiguous or imperfect redaction of the original document provided by the client. AltaLingua undertakes to use antivirus programs and to protect itself from possible computer attacks; however, it is not liable for any harm caused by the possible transmission to the client of viruses, computer worms, Trojan horses or spyware, etc. The client has the obligation to verify that the computer files are free from all types of viruses or harmful codes before sending these to AltaLingua and they likewise undertake to verify the cleanliness and integrity of the computer files received from AltaLingua before using them. Complaints will only be accepted when they are submitted within 30 days of the order, or part of the order being submitted. Should the complaint be justified, AltaLingua shall be obliged and authorised to correct the work. All modifications of the product post its submittal to the client will void AltaLingua’s liability in this regard. AltaLingua shall not be held liable for any possible damage caused by the sales or transmission to a third party of a product or service that has not been reviewed. AltaLingua is not liable for the damage or loss of information or documents received from the client. The client is responsible for all errors caused by errors in their own terminology.
L. FORCE MAJEURE CLAUSE
AltaLingua will not assume any responsibility in the case that, due to fortuitous causes or force majeure, it could not adhere to any of the obligations outlined in these general terms and conditions.
M. APPLICABLE LAW AND JURISDICTION
These general terms and conditions are governed by Spanish legislation. Any controversy or dispute that could arise from these and from the provision of corresponding services will be subject to the jurisdictional bodies of Madrid.
3. TRANSLATION SERVICES PROCEDURES
A. GENERAL CONDITIONS
AltaLingua will guarantee to comply with the content of the quote contract that the client had accepted. AltaLingua will submit the contracted work in a timely and correct manner. For this purpose, the quality manual will be applied.
B. TRANSLATION PROJECT MANAGEMENT
AltaLingua has a documented process for the management of translation projects, maintaining contact with the client throughout the translation process and ensuring the quality to verify that the service provided has been correct and complete. Project management will include assigning the human resources (project coordinator, translator, interpreter, proof-reader and corrector) and technical resources (ICT tools, terminological databases, style guides, audiovisual material, etc.) that may be needed for each project. In the framework of project management, AltaLingua reserves the right to contract services to third parties without the obligation to inform the client.
AltaLingua undertakes to comply with the administrative aspects (creating a project file, among others), technical aspects (localisation of the resources necessary) and linguistic aspects (analysis of the original text and the terminological work) appropriate for each translation project.
D. TRANSLATION PROCESS
AltaLingua undertakes to comply with the complete translation process, which will include the translation of the text and a review of this by the translator themselves, an independent review, correction and final approval. AltaLingua undertakes to keep work for three years, and for this purpose it will employ the means it considers reasonable.
E. FORMATS AND ADDED VALUE SERVICES
ALTALINGUA, SL will maintain the original format of the document sent by the client, provided it is sent as one of the following editable programs: Word, Excel or PowerPoint. Other, non-editable, formats will be submitted as a Word document unless otherwise specified. In this case, formatting services must be contracted as this is considered as an added value to the translation.
4. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS FOR CONTRACTING
AltaLingua can modify, at any time and without prior notice, these general terms and conditions for contracting. However, the client will always have access to an up-to-date version by means of AltaLingua’s web page. All new revisions of the general terms and conditions for contracting will prevail above previous versions. The invalidity of any provision contained herein will not affect the validity of the remaining provision. The relationship between AltaLingua and the client shall in no case be governed by the client’s conditions, unless expressly agreed in writing by AltaLingua.