WorldLingo Terms & Conditions

Home › WorldLingo Terms & Conditions

Terms and Conditions of Access
Terms and Conditions of Use
Service Agreement
Machine Translation Services Disclaimer
Quote for Human Translation Disclaimer

Terms and Conditions of Access

WorldLingo is providing access to this website and its contents on an "as is" basis and makes no representations or warranties of any kind, express or implied with respect to this site or the services featured except as agreed in agreements for specific paid services regardless of the nature or form of any claim, whether in contract or in tort, or otherwise. WorldLingo disclaims all other representations and warranties, including the warranties of merchantability and fitness for any particular purpose. WorldLingo shall not be liable for any compensatory, indirect or consequential damages, loss of data, income or profit, loss of or damage to property or claims of third parties arising out of or in connection with access to or use of any data on this site.

Terms and Conditions of Use

Use of the WorldLingo Website
WorldLingo grants permission to access and view this WorldLingo website and to electronically copy and to print in hard copy portions of this website for the sole purpose of information and reference. Any other use of materials on this website including reproduction for purposes other than those noted above, or any modification, distribution, or republication without the prior written permission of WorldLingo is strictly prohibited.
All rights are reserved with respect to all information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, or other intellectual or proprietary rights owned by WorldLingo, or other third parties and contained in this WorldLingo website. Customers and users acknowledge and agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed.

Computer Software
Any computer software which may be downloaded or is otherwise available from the website is licensed subject to the terms of its associated license agreement only, unless expressly stated otherwise. EXCEPT AS EXPRESSLY WARRANTED IN THE ASSOCIATED LICENSE AGREEMENT, WORLDLINGO DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Third Party Materials on the WorldLingo website
The website may contain materials, including software in executable or source code form, which is submitted by third parties for inclusion on the WorldLingo website ("Third Party Materials"). Please be advised that WorldLingo has not independently tested or evaluated such Third Party Materials and provides them on this Website merely as a service to its users. ALL THIRD PARTY MATERIALS ON THE WorldLingo WEBSITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WorldLingo DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, DEMANDS, SUITS OR ACTIONS, UNDER ANY THEORY OF LIABILITY, ARISING OUT OF THE USE OR ATTEMPTS TO USE SUCH THIRD PARTY MATERIALS.

Sites Linked From the WorldLingo website
The sites linked from the website are not under WorldLingo 's control, and WORLDLINGO does not assume any responsibility or liability for any communications or materials available at such linked sites. WORLDLINGO does not intend links on the WORLDLINGO website to be referrals or endorsements of the linked entities, and are provided for convenience only.

Use of Information and Privacy
WorldLingo shall not use for any purpose whatsoever any personal information about individuals except when specifically and knowingly authorized to do so by such individuals other than to provide services described on this WorldLingo website and the distribution of its monthly newsletter. Examples of such information are name, postal address, email address, phone number, birthdays, and product commentary. WorldLingo may share non-personal aggregate, or summary, information regarding its customers with partners or other third parties, but WorldLingo shall not sell, rent, or loan any identifiable information regarding its customers to any third party. The nature of the work performed and any information transmitted to WorldLingo by customers shall be confidential. WorldLingo shall not divulge or otherwise disclose such information to any person or third party without the prior written consent of the customer. This provision shall not apply to the extent WorldLingo is required by law to divulge such information or to the extent such information is or becomes a matter of public knowledge other than by disclosure by WorldLingo.

Service Agreement

These Terms and Conditions constitute a legally binding agreement between the Client and WorldLingo regarding services rendered or to be rendered by WorldLingo. In the event of conflict with any communications, proposals, contracts, marketing materials, or agreements, these Terms and Conditions shall control. Submission of source materials (as defined below) constitutes acceptance of all these terms and conditions.

1. DEFINITIONS

1.1 "WorldLingo" means WorldLingo
1.2 "Client" means the individual or business entity that executes this contract.
1.3 "Source Materials" means the documents, materials, and other items furnished to WorldLingo fortranslation hereunder.
1.4 "Deliverable" means the final, translated version of the Source Materials provided by WorldLingo to the Client.

2. PRICING

WorldLingo reserves the right to adjust pricing and/or delivery estimates upon receipt and evaluation of the final Source Materials to be translated. Clients shall be advised by WorldLingo of the estimate of additional charges or change of delivery date prior to performing the translation.

3. CLIENT SPECIFICATIONS/ ASSISTANCE

Unless the Client provides an "Approved Glossary" and instructs WorldLingo to use it for the job at hand, WorldLingo shall translate specialized terms by their usual and conventional meanings, and otherwise make decisions based on WorldLingo's standard production procedures. All Source Materials shall be legible and shall be delivered to WorldLingo in such format(s) and such time as WorldLingo shall specify. WorldLingo shall not be responsible for delay in delivery due to failure to deliver any Source Materials in a timely manner or proper format.

4. MODIFICATIONS/ADDITIONS TO SOURCE MATERIALS

All modifications or additions to the Source Materials shall be submitted to WorldLingo clearly indicating changes and where they occur in relation to the previously submitted copy. Pricing and scheduling for incorporation of Source Material modifications or additions into the target language translation(s) in progress shall be determined based on extent and implication of changes and percentage of work already completed. Client shall be advised by WorldLingo of the estimate of additional charges before the changes or additions are made by WorldLingo.

5. CORRECTIONS

WorldLingo shall correct the following errors free of charge:
Outright mistranslation, omission, typo, grammatical mistake, non-adherence to any approved glossary. Client agrees that WorldLingo shall have no liability or obligation regarding errors in translations unless WorldLingo receives written notification of the error(s) within fifteen (15) days following delivery of the Deliverable to Client. WorldLingo's sole obligation with respect to errors shall be the obligation to correct the Deliverable at no cost to Client.

Delivery dates
Delivery dates shall not be valid unless they have been expressly confirmed by WorldLingo in writing. Should a delay in delivery by WorldLingo occur, WorldLingo shall first be granted a reasonable additional period for completion. Only upon expiration of this additional period without completion of performance shall the customer be entitled to demand cancellation of the contract or reduction of the price. Any further claims are excluded. The customer remains liable for payment for the work performed by WorldLingo up to the time of the customer's notice of cancellation. The customer shall not be entitled to claim cancellation or reduction if the delay is due to force majeure or other circumstances over which WorldLingo has no control. A job is considered delivered when WorldLingo either emails it to the Client, or emails a notification that it has been uploaded to the WorldLingo FTP site for download by the Client.

6. LIMITATION OF LIABILITY

WorldLingo shall not be liable for any incidental, special, or consequential damages or loss of any nature whatsoever, nor for any claim against Client by any other person or entity, arising from or relating to services rendered by WorldLingo, regardless of the nature of the claim or the form of the cause of action, whether in contract or in tort, or otherwise, and even if WorldLingo has been advised of the possibility of such damages, anything contained in related proposals and other documentation notwithstanding. WorldLingo shall not be responsible for any loss or damage to, nor the return of, any Source Materials.

7. REPRESENTATIONS AND WARRANTIES

WorldLingo represents and warrants that it shall perform the translation in a manner consistent with its standard production procedures. Client represents and warrants (i) that it owns or is licensee of the Source Materials and all components thereof, and (ii) that translation of the Source Material and publication, distribution, sale or other use of the Deliverable shall not infringe upon any copyright, trademark, patent, or other right of any third party.

8. DISCLAIMER OF WARRANTY

The foregoing warranties of WorldLingo are in lieu of all other warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. WorldLingo makes no warranty that use of the Deliverables or use of any information relating thereto or contained therein shall not infringe any patent, copyright, or trade secret or any other proprietary right of any third party.

9. TERMINATION

In the event that Client breaches this Agreement, WorldLingo shall have the right to terminate whereupon Client shall pay the full purchase price provided hereunder for the services completed and for all work in progress. In the event that WorldLingo breaches this Agreement, Client shall have the right to terminate whereupon WorldLingo shall return to Client all Source Materials and data supplied by Client together with all translated product that exists as of the date of termination and Client shall pay the full purchase price provided hereunder for the services completed and for all work in progress. Neither party shall be deemed to be in breach or default of any provision of this Agreement by reason of a delay or failure in performance due to any causes beyond its control.

10. TITLE AND OWNERSHIP

All right, title and interest in and to the Source Materials and, except as hereunder provided, the Deliverables, and any and all patent rights, copyright, know-how, and trade secrets therein are and remain the sole and exclusive property of Client. Notwithstanding the above, Client acknowledges that WorldLingo is the sole and exclusive owner of all right, title, and interest in and to all
(i) methodology, information, software, and databases used in translating the Source Materials, and
(ii) inventions, methodology, innovations, know-how, and databases developed by WorldLingo in the course of translating the Source Materials, including any and all patent rights, copyrights, know-how, and trade secrets therein. Provided that the Deliverables and copyright, know-how and trade secrets therein shall remain the property (but not the risk) of WorldLingo until WorldLingo shall have been paid in full for such Deliverables.

11. CONFIDENTIALITY

The nature of the work performed and any information transmitted to WorldLingo by Client shall be confidential. WorldLingo shall not without the prior consent of client, divulge or otherwise disclose such information to any person other than authorized employees or authorized subcontractors of WorldLingo whose job performance requires such acts. The provisions of this paragraph shall not apply to the extent WorldLingo is required by law to divulge such information or to the extent such information is or becomes a matter of public knowledge other than by disclosure by WorldLingo.

12. INDEMNIFICATION

Client shall indemnify, defend, and hold harmless WorldLingo, its owners, directors, officers, employees, representatives, agents, successors and assigns from and against any and all losses, damages, costs and expenses, including reasonable legal fees, resulting from, arising out of or incident to any suit, claim or demand based on (i) the performance of this Agreement by either party, (ii) Client's breach of the covenants, representations and warranties made by it herein, (iii) the manufacture, advertisement, promotion, sale or distribution of any items by Client, (iv) any taxes and from any duties, levies, tariffs, or like fees that may be imposed by any government or collective authority upon manufacture, advertisement, promotion, use, import, licensing or distribution of items by Client, or (v) any claim that any element of the Deliverable infringes any copyright, trademark, patent, or other proprietary right.

13. TERMS OF PAYMENT

Payment methods shall be by either of the following methods. (i)Where no credit arrangement has been agreed between WorldLingo and its customer payment shall be made by credit card using encryption communications ensuring that credit card details are passed in a secure format. Credit card details shall be recorded by WorldLingo when customers first register an order. Customers shall be required to register their credit card number when registering subsequent orders for validation by WorldLingo. WorldLingo shall transact payments with the appropriate credit card companies in all instances. Where non-validation occurs, customers shall be contacted by WorldLingo for order confirmation and payment details prior to the translation process. (ii) Where credit arrangements have been agreed between WorldLingo and its customer, the customer shall make payments to WorldLingo for all agreed services within thirty (30) days of receiving a valid invoice from WorldLingo. Such invoices are usually distributed by WorldLingo to the Client via email.

If the Client is late in making payment, WorldLingo is entitled to charge interest at the rate of 2 % per month or part thereof until the entire amount due is received. The customer alone is liable for payment; payments by other parties shall be accepted conditionally, only if they are received on time in the full amount of the invoice and the identity of the customer, the invoice number and the order number are clearly recognizable. The customer has no right to retain any portion of a payment. The customer may not offset an invoice against other claims unless these are undisputed or legally enforceable.

Should WorldLingo need to engage the services of a law firm, solicitor, or debt collection agency to assist in the collection of the payment from the Client, then the client agrees to pay WorldLingo the full costs and commissions charged by the law firm, solicitor, or debt collection agency for such services plus an additional administration fee of US$2,000 to compensate WorldLingo for the additional administrative and management time required to collect the outstanding payment.

14. LEGALITY

This Agreement shall be governed by, enforced and construed in accordance with the laws of the United States of America.

Paid and/or subscribed Machine Translation Services Disclaimer

Lawful use

WorldLingo Machine Translation Services ("Services") are provided on the condition that:

(i) You use the Services for lawful purposes only. You therefore undertake not to use the Services to translate any of the following: defamatory, obscene or other unlawful material or information; and/or confidential or proprietary information, including trademarks or copyrighted information, belonging to a third party, without the express authorization of the rights holder in question.

(ii) You agree to indemnify WorldLingo for all claims relating to your use of the Services, and/or the reproduction or transmission of the material translated.

No review

WorldLingo does not review the material which you submit for machine translation. You are entirely responsible for the content of the material and the implications of the translation thereof.

No assistance

Once the installation of the service is complete, the level of customer support and/or technical support provided by WorldLingo depends on the Support Level purchased:

Bronze - Minimum technical support. Customers may use this FAQ to resolve the issue at hand or contact WorldLingo support using the online contact form, and a reply will be received within 10 business days. Some additional costs may occur for customization of service: $50/hour for standard rules (Custom dictionary, Domain name masking, Translation of user data), and $150/hour for customization issues (Custom ad banner, Custom style, logins, etc).

Silver - Medium technical support. Customers can contact WorldLingo using the dedicated online form in their account and a reply will be received within 48hrs. Customers may also use this FAQ to resolve the issue at hand. Customers can also receive usage statistics upon request. Some additional costs may occur for customization of service: $50/hour for standard rules (Custom dictionary, Domain name masking, Translation of user data), and $150/hour for customization issues (Custom ad banner, Custom style, logins, etc).

Gold - Maximum technical support. Customers can contact WorldLingo using the dedicated online form in their account and a reply will be received within 24hrs. Customers may also use this FAQ to resolve the issue at hand. Customers can also call +1 877 315 1860 (toll free) to contact the Technical Team or Customer Support. Customers can also receive usage statistics upon request. Technical support for standard rules and customization will not be charged (within reasonable use).

No responsibility for defects/loss

Although WorldLingo uses all reasonable efforts in providing the Services, WorldLingo accepts no responsibility for the results of any errors, defects and/or risks associated with the Services, including the risk that:

a document or its text may be lost or damaged in transmission over the Internet; and/or
the confidentiality of a document transmitted over the Internet may be breached.

No responsibility for defects/loss

a document or its text may be lost or damaged in transmission over the Internet; and/or
the confidentiality of a document transmitted over the Internet may be breached.

Accuracy

Because of the complexities of the human language, and the possibility of a number of different translations and interpretations of particular words and phrases, there are inherent limitations in machine translations. WorldLingo therefore recommends that you examine and verify the translation resulting from use of the Services, and accepts no responsibility for the accuracy thereof.

EXCEPT AS SPECIFICALLY PROVIDED HEREIN, WorldLingo DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES.

The warranty and remedies set forth herein are exclusive and in lieu of all others, oral or written, express or implied. No WorldLingo dealer, distributor, agent or employee is authorized to make any modifications or additions to this warranty.

Limitation of Liability

In no event will WorldLingo be liable for any indirect, special, incidental, economic or consequential damages arising out of the use of the Services, including, but not limited to, damages for loss of profits, business, goodwill, data, business interruption, or other pecuniary loss. WorldLingo reserves the right to:

modify or discontinue the Services;
limit, terminate or suspend your use of the Services; and/or
impose additional charges for use of the Services.

Term and Termination

When a service is paid for by an individual or business user (the client), either as a single purchase or as a subscription with durations of:

One month;
Three months;
Six months;
Twelve months;
Three years;
Five years.

The client agrees to pay all applicable fees as they fall due for the duration of the subscription. In the event that a subscription is terminated early, client will pay all fees to the end of the original subscription period.

Variation to Service

At anytime during the term of the subscription the client may vary the scope of service to increase or decrease service. Where such variance causes a decrease in service this shall be deemed a termination of subscription by the client.

WorldLingo reserve the right to vary, modify, change or cancel the service in any way and for any reason it sees fit without liability.

Quote for Human Translation Disclaimer

To assist WorldLingo users make a decision to have a document professionally human translated, WorldLingo provides an instant quote service on our website and as part of our various translation tools and technologies.

Due to the construction and nature of many electronic documents, these quotes cannot be guaranteed to by 100% accurate at all times. As such the quotes are a guide only, are not to be relied on by the user, and are not binding until they are accepted by WorldLingo. If inaccuracies in the quote are found for any reason, WorldLingo reserves the right to amend the quote. WorldLingo will signal its acceptance of the job and the quote by charging the customer's credit card.