This document is a legal agreement between you, the "Seller" or "Buyer" (as defined below)
and Translator's Corner Corporation ("Translator's Corner"), a Texas Corporation with corporate
offices in Austin, Texas.
These Terms and Conditions ("Agreement") set forth the provisions under which the Seller or Buyer may register
and use the website for the purpose of responding to solicitations for the acquisition of linguistic services and products,
or for entering said solicitations.
Definitions
- Site(s)
- www.translatorscorner.com
- Translator's Corner
- Translator's Corner Corp. is the parent company and owner of the site.
- Service Requests
- Users of the site desiring to purchase linguistic (and other miscellaneous types of projects) via a submission of project details make service requests on the site to solicit quotes from linguists.
- Quotes
- Linguists place quotes on service requests, in attempts to solicit business.
- Buyer
- Person(s) or company(ies) placing one or more Service Requests.
- Seller
- Person(s) or company(ies) quoting for one or more Service Requests.
- Translator
- Another name for a Seller.
- User
- A Buyer or a Seller
1. Term
The initial term of this Agreement shall be a period of one (1) year from the Effective Date.
Thereafter, the Agreement shall automatically renew for subsequent one (1) year terms.
At any time, either party may terminate this agreement, with or without cause, upon thirty (30) days prior written notice.
Translator's Corner reserves the right to immediately terminate any Seller who commits fraud, slander,
a denial-of-service attack, or commits any other action which it deems inappropriate.
Neither party has made any commitments regarding the duration or renewal of this Agreement beyond those stated herein.
2. Scope
Upon completion of the Registration Form and after accepting the site's "Translator's Bill of Rights",
"Client's Bill of Rights", and this Agreement, the Buyer is authorized to enter Service Requests, and the
Seller is authorized to respond to those Service requests.
Final content of all responses to Service request documents is at the complete and sole discretion of the Seller.
Translator's Corner reserves the editorial right to censor any responses that it feels are inappropriate.
This is a master agreement between User and Translator's Corner and shall apply to all transactions and business conducted
between the parties.
3. Seller's Obligations
Seller will provide solutions and/or quotations via Translator's Corner in response to Service requests
posted on Translator's Corner's website by Buyers. This Agreement shall govern the business relationship
between Translator's Corner and Seller despite any different or conflicting terms and conditions in Seller's
forms or other documents.
All information provided by Seller shall be true, accurate and up-to-date at all times. This includes,
but is not limited to, information within a response to Service request documents, information concerning
intellectual property ownership and rights thereto.
Seller agrees to submit quotes for the entire project. As this site is intended for commercial purposes only...
offering free services, or redirecting a buyer to a site other than Translator's Corner to fulfill their needs is
prohibited. Posting contact information including but not limited to phone numbers, email addresses,
Internet URL's, Yahoo Messenger Ids, ICQ ids, on quotes or a Seller's profile is strictly prohibited.
Violators of any of these terms can have all of their Translator's Corner accounts terminated, at the discretion of
Translator's Corner.
Seller has read, understands and agrees to abide by all the terms under "Client's Bill of Rights"
and the "Translator's Bill of Rights" (which deal with general site usage and other such issues) and are located at:
http://www.translatorscorner.com/explain/client-bill-of-rights.aspx and
https://www.translatorscorner.com/explain/translator-bill-of-rights.aspx.
Advance Payments
Seller agrees not to ask for any 'Advance Payments' from buyer. An advance payment is a risky transaction where
the buyer releases funds from escrow before the delivery of the work (or percentage of work being accepted) is completed.
Doing this completely circumvents and nullifies all the built-in buyer protections of the Translator's Corner "SecureTrans"
system, and often results in the buyer losing part or all of their advance payment.
Sellers who go against the wishes of Translator's Corner and receive an advanced payment from the Buyer are considered
guilty of 'fraud' and will be treated per the terms of 'fraud' below.
Extending Deadlines
Managing the deadline is the Seller's responsibility.
If the Seller cannot deliver 100% of agreed upon deliverables by the deadline but feels that the Buyer may be lenient
and allow the deadline to be extended, then it is the Seller's responsibility to inform the Buyer as soon as possible,
negotiate the change and receive the Buyer's acceptance on-site... somewhere in the ' SecureTrans Service Request'.
If the Seller is unable or unsuccessful in doing so, then the original deadline stands.
Outside Contact / Escrowing
As Translator's Corner provides its service in return for a Payment Processing Commission, the Seller agrees not
to solicit any other party to escrow funds outside of the site. Doing so will result (at the discretion of
Translator's Corner) in immediate account termination and expulsion, and all funds accrued in the Seller's account
will be returned to their original buyers, minus the Payment Processing Commission. Sellers are warned in advance
that Translator's Corner actively monitors the site for such infractions, and may even pose as a buyer to catch violators.
In the event that Translator's Corner procures, or is the procuring cause of, a solution for Buyer's Service Request,
and Buyer and Seller do not use the Translator's Corner website or services to transact their business and/or use other
means to transact their business, Seller shall be considered guilty of 'fraud'.
Illegal Projects
Seller agrees not to work on any projects for Buyers that are illegal in nature or violate Translator's Corner
site policy or contracts. If Seller learns that any portion of the work it is being asked to deliver is illegal
in nature, then the Seller agrees to alert Translator's Corner immediately and cease work until instructed upon
what to do next by Translator's Corner. Translator's Corner refuses to support illegal projects, so Sellers who do
not report such activity and are discovered by Translator's Corner to have done so will forfeit those funds,
per the rules on 'fraud'. Additionally, they may be banned from the site as well.
Fraudulent transactions
Translator agrees not to quote on or receive projects posted by themselves (or other accounts which they own),
as doing this would unfairly inflate the receiver's ratings, and could also be related to unethical or illegal monetary
activities (such as money laundering or embezzlement). Translator understands that Translator's Corner regularly
monitors transactions for this type of behavior and agrees that if Translator's Corner determines this has occurred,
then Translator's Corner can take the following action to ensure that the transactions do not continue.
Translator agrees that Translator's Corner may hold all funds on all accounts that are involved as a deposit for a
period of one year. At the end of a year the Buyer will receive the deposit back (not the Translator), but only if
no additional fraudulent transactions have occurred on any of the accounts involved, and none of the accounts violate
their contract in any additional way. If any of the accounts violates one or more of these conditions then all funds
are forfeited to Translator's Corner.
Status Reports
To keep the buyer apprised of progress on longer term projects, the Seller is responsible for filing a status
report via the Translator's Corner site while work is being done. Should the Seller neglect to file one or more
reports on time, or not file them on Translator's Corner, the buyer and/or Translator's Corner may choose to cancel
the service request, resulting in the translator not being paid for the work. Additionally, Translator's Corner may
apply any Seller rating penalties it deems appropriate.
The Buyer may choose not to request status reports on a particular service request from the SecureTrans page.
Should the buyer waive the status report requirement for the service request, then the translator is no longer
responsible for filing it.
Seller's Payment Information
Payment proceedings will normally run on a monthly cycle so as to streamline the efficiency of paying everyone
in a cost-effective and timely manner. The procedure will follow this timeline:
- All jobs that have been passed through the seven (7) day period after their submission without a case having
been filed by the client by the first day of the month become payable.
- During the first seven (7) days of each month the translator can choose to withdraw funds from his/her
account. The translator must decide how much money he/she wishes to have released to him/her and enter the amount
and the other required information. The translator will receive a confirmation email containing the details of
the request, if said email is not received then translator should check his accounts page to make sure his/her
request was processed correctly.
- Translator's Corner is then obligated send the payment to the translator of all funds requested in the first
seven (7) days of the month, during the following seven (7) days of the month.
- Any requests for funds made in a period of time outside of the time periods specified in the above steps will
incur a 5.00 USD surcharge fee for processing and will be processed within 24 hours.
Seller may choose to be paid by any of the methods below:
| Payment method |
Charge |
Other information |
| PayPal |
$0 *
* (PayPal will charge a separate fee) |
This option is not available in all countries. See http://www.PayPal.com
for more details on their fee and other information. |
| Snail Mail Check |
United States: $2 processing and postage.
Non-United States: $10 processing and postage. |
United States: Sent by 1st class mail
Non-United States: Sent by 1st class air-mail. |
| Western Union |
United States: $3 processing *
Non-United States: $8 processing *
* Western Union will also charge a separate fee. |
Money can be picked up at any of thousands of Western Union locations in the world. Not available in countries that prohibit sending money from a foreign businesses, such as Brazil, Mexico and India. See http://www.WesternUnion.com for more details on their fee and other information. |
International Priority Mail
(currently only available to Argentina, Bangladesh, Brazil, India, Mexico, Russia, South Africa and Uruguay) |
Argentina: $10 processing + $26 Priority Mail fee= $36 total.
Bangladesh: $10 processing + $31 Priority Mail fee= $41 total.
Brazil: $10 processing + $26 Priority Mail fee= $36 total.
India: $10 processing + $20 Priority Mail fee= $30 total.
Mexico: $10 processing + $20 Priority Mail fee= $30 total.
Russia: $10 processing + $31 Priority Mail fee= $41 total.
South Africa: $10 processing + $31 Priority Mail fee= $41 total.
Uruguay: $10 processing + $26 Priority Mail fee= $36 total.
|
Same as Snail Mail Check, but sent via International Priority Mail which is signed for and is more reliable
in places (such as the non-major cities in India) where the normal postal system is not necessarily as dependable. |
| Bank to Bank Wire Transfer |
$10 processing + $45 wire fee= $55 total. |
Payment is wired to your bank account. |
Notes:
- Postal system payments (snail mail check and International priority mail) are checks drawn from our United States
bank in United States funds. Your bank may or may not charge a currency changing fee.
- All Translator's Corner payment charges will be deducted directly from the Seller's account.
- All options are subject to change in both availability and price.
Please note that the worldwide postal system is a complex system of varying reliability - subject to delay or loss
due to regional problems, acts of war, nature and other things beyond Translator's Corner's control.
If Seller chooses a postal system based delivery, Translator's Corner will deliver snail mail checks to its local
post office, but cannot and will not be held financially or otherwise responsible for delay or loss between that
point and ultimate arrival at the final destination.
Seller agrees to be fully responsible for providing accurate and up-to-date payment information in their account at
the Translator's Corner site. Should this information be inaccurate, Seller agrees to assume full responsibility
(financial and otherwise) for any consequences. This includes late arriving, incomplete or lost payments. Although
Translator's Corner will make good-faith efforts to help the Seller rectify the situation, Translator's Corner is not
liable for the consequences of incorrect information, in any way whatsoever.
If the situation can be rectified with additional effort (such as Translator's Corner doing a stop payment and resending
the check), the Seller will be responsible for the additional charges associated with the effort.
Our research has found that over 85% of snail mail check payments sent to Argentina, India, Pakistan and Uruguay do
not arrive at their final destinations. Very often the banks report that a 3rd party has intercepted the check and
attempted to cash it illegally. As a result Translator's Corner DOES NOT recommend snail mail checks to Sellers in
these countries. If (despite our recommendation) a Seller still chooses this method of payment and it does not
arrive, please be aware that the Seller will be responsible for the $35 check stop payment fee (to cover our expenses),
before we will resend it via another method. Additionally, if a fraudulent 3rd party manages to successfully cash
Seller's payment, the Seller will be responsible for it (and not Translator's Corner). All Sellers in these countries
are STRONGLY URGED to choose an alternate payment method.
Should there be any dispute regarding acceptance, both Seller and Buyer designate Translator's Corner as the final
binding authority and arbiter of the dispute, and agree to abide by its decision.
4. Buyer Obligations
Buyer will use the site to make quote requests of translators.
Upon acceptance of a quote the Buyer will provide funds for escrow with Translator's Corner Corp.
Translator's Corner Corp. reserves the editorial right to reject any service request or buyer for financial or other reasons.
All information provided by Buyer shall be true, accurate and up-to-date at all times, including, but not limited to,
information contained within a Service Request, information concerning intellectual property ownership and rights thereto,
and credit information. If the Buyer does not own the information, they agree to assume sole and complete responsibility for
ensuring that the owner of all information has given all necessary permission to make the information available to other parties,
whether to the general public or to specific groups or individuals. This permission must be royalty-free and grant the person(s)
who see the information the non-exclusive right-to-use, transmit, modify, or display it as may be required to respond to a
Service Request and in order for Translator's Corner Corp. to review the Service Request and post the information for access by Translators.
Buyer agrees not to post requests for illegal services, 'free' work or work whose only compensation is profit sharing,
or requests that are deemed by Translator's Corner to be offensive or inappropriate. Doing any of the above can result
in immediate account termination and expulsion, at the discretion of Translator's Corner.
Buyer has read, understands and agrees to abide by all the terms under the "Client's Bill of Rights" (which deal with
general site usage and other such issues) and is located at:
https://www.translatorscorner.com/explain/client-bill-of-rights.aspx
As Translator's Corner provides its service in return for a Translator's Corner Fee paid by the Seller, the Buyer agrees
not to contact any sellers outside of the site (by email, phone, etc.) before the buyer's money is escrowed.
Doing so can result in immediate account termination and expulsion, at the discretion of Translator's Corner.
Buyer's Payment Information
Buyer will transfer funds to Translator's Corner via one of the methods provided on the web site which includes
credit card, PayPal, snail mail check and bank to bank wire transfer (methods are subject to change).
If Buyer chooses a bank to bank wire transfer, Buyer agrees to pay Translator's Corner a surcharge to cover its
expenses as follows:
- Domestic (if buyer sends from the United States): $10.00 (USD )
- International (if buyer DOES NOT send from the United States): $35.00 (USD )
Buyer warrants that payment is made in good faith. Should payment be rejected by a financial institution due to
insufficient funds, bad credit, charge back or other reason, they agree to compensate Translator's Corner for the
expense and inconvenience with an additional 15% service charge. Buyer agrees to not move funds to escrow without the
intention of paying the translator upon completion of the job. If Buyer wishes to increase or decrease the amount escrowed,
they may do so with mutual agreement of the Seller, and documentation of the reasons for the adjustment on both party's
ratings by Translator's Corner. Translator's Corner does not collect taxes, duties, fees or other governmentally imposed
excises, so Seller and Buyer agree to assume their respective responsibilities under the law.
Chargebacks
If Buyer issues a chargeback on any deposited funds, rather than (or despite) participating in the arbitration
process, it will be deemed a payment made in bad faith and a violation of the contract. The Buyer will be given an
opportunity to make good on the funds by immediately escrowing funds to cover the entire amount. The make good payment
must be made via both a payment method and in a timeframe that Translator's Corner deems acceptable. If this occurs,
then the bad faith payment will be considered negated. However if one or both do not occur, then Buyer agrees that they
are guilty of fraud. All projects will be frozen, refunded, or dealt with in a manner Translator's Corner deems
appropriate. Additionally, Buyer agrees that Translator's Corner may pursue whatever legal means become necessary to
secure repayment of the entire amount of the bad faith payment from the Buyer. Buyer agrees to pay all Translator's
Corner costs in securing such payment, including collection agency costs and reasonable attorney's fees.
Refund Policy
In Service Requests, the translator will generally commence work as soon as the Buyer's deposit is made.
As their invested time and work is not recoverable, all funds escrowed are also non-refundable except under
the following circumstances:
- Seller agrees that work was not commenced.
OR
- Seller was determined to be "at-fault" for the non-delivery of the contract by the arbitration process
(as detailed under "Translator's Corner Rules of Arbitration").
Buyer agrees to assume any cancellation fee that may be associated with a refund or partial refund, as detailed
under "Cancellation fee" elsewhere in this contract.
Cancellation fee
To compensate Translator's Corner for the costs it incurs in any full or partial refund to a credit card or
PayPal account, Buyer agrees to pay a 3.5% cancellation fee. If the refund occurred due to the fault of the other
party (as determined in arbitration), that other party may be responsible for the cancellation fee instead. See the
rules of arbitration, detailed elsewhere in this contract, for more details.
Refund Process
Funds will be credited back to the buyer, depending on the way the funds were initially deposited by them. Funds
deposited via:
- Credit Card will be credited back to the original credit card that it was charged on.
Doing so otherwise would allow an unscrupulous buyer to do a chargeback on the original card, which would result
in the buyer being refunded twice (at Translator's Corner's expense). If the original credit card account was
closed, Buyer can still contact their issuing bank. That bank must send the refund to them. Occasionally such a
bank (typically non-U.S.) will send Translator's Corner the funds directly rather than refunding the buyer.
If this occurs, the money can be sent to the buyer through PayPal, check or wire transfer (wires require an
additional wire fee which varies according to your location...please contact Translator's Corner for exact details).
In no situation can the funds be credited to another credit card, as credit card regulations do not allow this and
could cause Translator's Corner to lose its merchant account status.
- PayPal will be refunded back to the original PayPal account. Doing so otherwise would allow an unscrupulous buyer
to do a chargeback on the original payment, which would result in the buyer being refunded twice (at Translator's
Corner's expense). If PayPal confirms that the original account was closed, then the money can be sent via check,
wire transfer (wires require an additional wire fee which varies according to your location...please contact
Translator's Corner for exact details), or another PayPal account (PayPal may deduct a fee depending on the type
of PayPal account). In no situation can the funds be credited to a credit card, as credit card regulations do not
allow this and could cause Translator's Corner to lose its merchant account status.
- Checks or wire transfer can be refunded via either check, wire transfer (wires require an additional wire fee
which varies according to your location...please contact Translator's Corner for exact details) or PayPal
(PayPal may deduct a fee depending on the type of PayPal account). In no situation can the funds be credited to
a credit card, as credit card regulations do not allow this and could cause Translator's Corner to lose its
merchant account status.
5. Translator's Corner Escrow Obligations
Translator's Corner warrants that all escrowed funds will be used solely for the purpose of escrow transactions
and not allocated to any other use, whatsoever, with no exceptions. Furthermore, all funds escrowed by the Buyer
will be held in a dedicated separate account, maintained solely and exclusively for Translator's Corner escrow
accounts. This restriction will exist until funds are either awarded to the Seller or are physically refunded back
to the Buyer.
To further protect the Buyer in the unlikely event that Translator's Corner declares bankruptcy, Translator's
Corner hereby grants the Buyer the right to be refunded escrow funds, BEFORE any other outstanding creditors are paid.
Any bankruptcy reorganization filed by Translator's Corner that does not follow this grant's priority will not be allowed.
6. User Obligations
Password Pair
Translator's Corner strongly urges the User to follow standard security measures, which includes but is not limited to:
- Protecting their password pair (email address and password) by keeping it completely private and confidential
(so that a person doesn't discover the information and compromise their account).
- Selecting their password such that:
- It is a mix of both numbers and letters, and least 8 characters or more long (to prevent a person from
easily guessing their password).
- Choosing a password that is unique and different than passwords used for other sites and services
(so that a compromise at another site will not compromise their account).
- Keeping their email address current in the system and safeguarding access to their email account
(so a person who compromises their email account cannot compromise their site account via the "forgot password"
function of the site).
- Closing their account on the site should their email address fall out of their possession (so the person who
next assumes the address will not be able to compromise their account).
User authorizes Translator's Corner Corp. to treat themselves or any party who provides the User's password pair
as the User themselves, and agrees to assume sole responsibility for all transactions, obligations, liabilities
and/or actions undertaken by any such party. User further understands and agrees that for their protection,
Translator's Corner personnel may not provide certain types of customer service requests for them, until they
authenticate their identity by providing their password pair.
That notwithstanding, Translator's Corner will NEVER request a password pair via e-mail, so any e-mail received
by User requesting his password pair must not be replied to, and must be reported to Translator's Corner immediately.
Copyright Negotiations
Buyer and Seller may agree to the transfer of intellectual property rights by negotiating and/or documenting the terms
in the "SecureTrans Service Request" on the site (see later definition). Both parties agree to bind themselves
to such an agreement and the local and International laws that may apply. Both parties also acknowledge that the agreement
is exclusively between themselves and the other party and does not involve Translator's Corner. While Translator's Corner
reserves the right to take action against a party that breaches a copyright agreement under the rules against 'fraud',
both parties fully indemnify Translator's Corner of all responsibility and repercussions of a breach by the opposite party.
Deliverables
To avoid a buyer dispute over delivery, Seller agrees to upload the entire and complete deliverables at the time of
work to the site. Translator's Corner cannot overemphasize the importance of doing so. Should a translator choose not
to do so (despite this agreement) and the buyer disputes delivery, Seller agrees that they (and not Translator's Corner)
will be liable for the entire amount. Translator's Corner will deduct all such disputed monies from the translator's account.
If the translator's account is insufficient to cover the funds the translator will be asked to cover the remainder from their
personal funds. If translator cannot or will not cover the remainder from their private funds, Translator's Corner may pursue
all and any means at its disposal to collect the funds including legal remedies.
Delivery Deadlines
The Buyer may set a deadline for delivery of the deliverables in some portion of the "SecureTrans Service Request"
(see below for the definition of this term). The Seller agrees to deliver 100% of agreed upon deliverables to the site on or
before the delivery deadline.
The Buyer will specify the deadline in the SecureTrans Service Request, and then the delivery date is posted on the
service request itself. The Seller, on their side, will enter in the amount of time (days and hours) they need to
complete the job. The job's start date does not begin until payment is received, and the translator should not start
working until he/she receives written notice of receipt of payment. If the start date, plus the translator's required time,
exceeds the client's deadline, the deadline will be adjusted. Otherwise, the client's original deadline will be respected
and effective.
By quoting, the Seller agrees to this due date. The due date is calculated as the # of days (24 hour periods)
and hours, as specified by translator, from the time work begins, or as the original deadline, as explained before.
Work is defined as having "begun" after all funds are completely escrowed and all security verifications have been
completed.
Buyer and Seller may also use the quoting feature of the site to negotiate a delivery deadline. If so, then the
deadline must be mutually agreed upon by both Buyer and Seller. Both parties are highly advised to be clear and
explicit when setting a deadline in this manner. If there is a dispute over anything regarding the deadline,
Translator's Corner (at its sole discretion) will be the final determiner of any disputed meaning
(per the rules of arbitration stated below).
Ratings
Seller has the right to rate buyers on completed transactions and transactions that are cancelled in the Seller's favor.
However, to prevent retaliatory ratings, Translator's Corner may hide both parties' ratings from public view until
both parties have rated each other. If Seller does not rate the Buyer within 2 weeks of the completion date of the
project (or cancellation date, whichever is applicable), Translator's Corner may then make any rating placed by the
opposite party visible. Additionally, the Seller will forfeit the right to rate the Buyer.
Should Translator's Corner (at its sole discretion) determine that a Seller's rating is inaccurate or in any way
retaliatory in nature, then Translator's Corner may amend, replace or delete the Seller's rating, and a note about
such may be placed as a public rating on the Seller's account. A Seller who practices retaliatory ratings may be
found in default of this agreement and banned from the site.
Fraud
If Translator's Corner determines that the Seller is guilty of fraud against the Buyer or Translator's Corner,
they may garnish or completely withhold payments to the Seller for the affected Service Request(s).
If the fraud is not detected until after payment has been made, Translator's Corner can choose to recover the funds
by either or both of the following:
- Partially or completely withholding payments to the Seller on later Service Requests (or on additional accounts
created by the Seller) until the entire amount has been restituted.
- Obtain payment from Seller directly. If requested to do this by Translator's Corner, Seller agrees to promptly
send full payment within 15 business days of the request.
Additionally, Translator's Corner reserves the right to immediately close any account found guilty of fraud
(as well as any additional accounts created by the Seller).
Account Transfer
Ratings and comments may be given by Buyers specifically to the Seller. If so, other Buyers may use this
information to determine whether or not to use the Seller on a project. To prevent unqualified Sellers from
"purchasing" ratings, the Seller agrees that they will not sell or transfer ownership of their account to another
party without the express consent of Translator's Corner.
Duplicate Accounts
The anonymous nature of the Internet makes it possible for a seller who has had their account involuntarily
terminated (or who received unfavorable ratings on that account) to create another account on the site and resume
transacting business on the site, against the will of Translator's Corner.
Translator's Corner regularly monitors site profiles for this sort of action, and should the Seller be determined
by Translator's Corner to have done this, they will forfeit the balance of all of their accounts, and all funds
will be returned back to the original buyer, minus the Translator's Corner fee. Seller agrees that Translator's
Corner may use any means necessary to recover previous payments sent on the duplicate account, including but not
limited to a stop payment, Paypal/Western Union cancellation, or a collection agency.
Additionally, the account will be closed. Seller further agrees that Translator's Corner may (at its option)
withhold all or part of Seller's available funds as either a permanent penalty fee (to be kept by Translator's Corner)
and/or as a "good behavior bond" for a certain period of time, to prevent them from opening another duplicate account.
Friends, family members and/or business associates are not allowed to create or transfer ownership of accounts to attempt
to circumvent this rule, and all Sellers agree that if they are determined by Translator's Corner to be participating in
such a scheme, all accounts will be treated as duplicate accounts, per the above rules. Occasionally, a previously banned
user approaches another legitimate Seller about 'sharing' their legitimate account. Translator's Corner strongly advises
Sellers from participating in this sort of scheme. Sellers whom Translator's Corner determines have colluded with an
illegitimate user will be considered illegitimate themselves and treated in the same terms as detailed above.
Inappropriate Behavior
Should the User demonstrate poor or inappropriate behavior (to be determined at the sole discretion of Translator's Corner),
Translator's Corner reserves the right to publicly document such behavior via a rating and comment in the Seller's profile.
Such behavior includes (but is not limited to) losing an arbitration, refusing to cooperate with an arbitration,
and sending abusive communications to the other party or to Translator's Corner staff.
Non Disclosure Agreement (NDA)
The buyer may require consent to a non-disclosure agreement before allowing the seller to see information related to quoting,
and or to the final work. Seller agrees to the terms of such agreement if they are specified in the Service Request as posted
on the site, are posted to the translator via the site quoting system, or are otherwise communicated from the buyer to the
translator via the site. If Seller does not wish to abide by the terms of the agreement, then Seller agrees not to post a quote
on such work.
Side Agreements
Translator's Corner does not enforce Side Agreements and/or NDAs. Some Buyers and Sellers may enter into additional
agreements not covered by the site escrowing agreement, including "special agreements" (ex: "Seller must deliver
by x/xx/200x or they will owe Buyer $1 for every day late"), or a Non Disclosure Agreement (NDA). Both Buyer and
Seller understand and acknowledge that these agreements are made directly between the Buyer and the Seller and do
not involve Translator's Corner Corp., Translator's Corner or any of its subsidiaries or other legal entities.
As such, Translator's Corner is not and will not be liable in any way whatsoever regarding such agreements,
including enforcing such agreements.
Use of English
The User understands that the first language of Translator's Corner is English and that it should be the preferred
language for administrative purposes. In the event of an arbitration, if the site's administrators determine they
cannot deliver a fair judgment without reading the communication logs, the Seller will be required cover all fees
necessary to have the non-English communications involved in the job translated for the arbitration proceedings by
a third party. If Translator's Corner is able to determine that the arbitration proceedings were fraudulently
initiated by the buyer, then the buyer will be required to cover the fees for the translation of the communication log.
Parties explicitly not permitted to participate on the site
While Translator's Corner reserves the right to restrict membership and use of the site to anyone for any reason
it deems appropriate, the following parties are never allowed to participate on the site.
- Parties living in countries with which the United States has an economic embargo prohibiting economic activity with.
- Parties whose participation on the site causes them a conflict of interest... including owners, partial owners,
employees or contractors who are working or have worked for a competitor to any Translator's Corner service.
If a party is discovered to fall into one of the above categories, their accounts will be closed. If they are a Seller,
all funds in their account will be returned to the Buyer, minus the Payment Processing Commission (at the discretion of
Translator's Corner).
7. User's Representations
User represents that it has the full power and authority to execute this Agreement.
User is the owner of, and/or has received all appropriate consent from the owners of, any and all material,
information, intellectual property in any form, or other data that User makes available to Translator's Corner.
8. Translator's Corner Rules of Arbitration
These rules of arbitration exist to ensure a fair and safe environment for the buying and selling
of translations and related systems. Should a dispute arise over the completion of a project, the allocation of
escrowed funds, or any other issue, both Buyer, Seller and Translator's Corner agree to the following rules:
- About Mediation / Arbitration:
Should the Buyer and Seller not be able to come to agreement on acceptance, (including but not limited to whether
deliverables have been met and quote acceptance should occur), both parties agree to designate Translator's Corner
as sole mediator and arbitrator (two distinct roles). Translator's Corner agrees to mediate and arbitrate fairly
and impartially according to the rules in this section. Where no rules yet apply it will use its best judgment
(in Translator's Corner's sole opinion). Buyer and Seller agree that Translator's Corner's decision is final and
binding to them and hereby waive any other further legal challenges or remedies including but not limited to civil
or criminal litigation against the other party or Translator's Corner.
- Mediation:
Before arbitrating, Translator's Corner may attempt to first mediate a mutually acceptable compromise solution
between both parties if it determines the option is a viable one. A mediated compromise can provide a quick and
easy way for both parties to obtain a successful outcome, without the time and energy required by a full-blown
arbitration. Both Buyer and Seller understand and acknowledge that they are NOT required to accept any mediation
proposals. Translator's Corner acknowledges that the refusal of any party to accept a mediation proposal will not
affect its standing in the subsequent arbitration.
If a mediation successfully occurs in which the original contract is either reduced or cancelled, Translator's
Corner will document what occurred by placing a rating on one or both parties' records, as detailed below under
"Translator's Corner Ratings".
Should either party not agree to a mediation compromise, or should Translator's Corner (at its sole discretion)
determine that the option is not a viable one, the process moves on to arbitration.
- Arbitration:
Whereas mediation is like a diplomatic negotiation between two countries, arbitration is like a court trial.
Much like a trial case, each party's side is weighed and often evidence needs to be gathered to determine the prevailing party.
Arbitration of the Service Request is based solely on whether or not the Seller met the conditions specified
in the Buyer's "SecureTrans Service Request" (unless either Buyer or Seller prematurely forfeits by
the other rules of arbitration detailed below).
The "SecureTrans Service Request" is defined as:
- All files uploaded, notes written, and data entered or modified prior to the job being submitted to the
translator by the buyer by clicking the 'submit' button on the SecureTrans page.
- The subsequent clarifications and/or changes made in quotes/comments from both sides in the site
quoting/comment system, as recorded in the site's communication log.
Both Buyer and Seller agree that any discussions conducted outside of the site (including email, off-site chat
and oral conversations over the phone) are NOT considered part of the "SecureTrans Service Request" and WILL NOT
be taken into account.
Translator's Corner has found that due to poor wording or lack of attention to detail, that sometimes portions
of the "SecureTrans Service Request" contradict other portions or are unclear. In the event that either
Buyer or Seller disputes with the other party any portion of the "SecureTrans Service Request"
(including but not limited to disputes over an alleged contradiction, interpretation, or applicability)
Translator's Corner will be the final determiner of the best method of resolving the issue.
It will make this determination using the most impartial method that it can, in good faith, formulate.
Despite repeated warnings to both Buyer and Seller to the contrary, occasionally Translator's Corner finds that
both parties have neglected to use the site to detail key items of the "SecureTrans Service Request",
withholding the information necessary to make what Translator's Corner feels is a "just" arbitration decision.
This can happen due to a deliberate manipulation by one party and/or due to genuine ignorance of the consequences
of such behavior by one or both parties. Should Translator's Corner determine this to be the case, it may extend
the definition of the "SecureTrans Service Request" to include items not normally covered (such as 3rd
party chat logs). However, neither Buyer nor Seller may demand such an extension nor possess the "right" to such
an extension. Instead Buyers and Sellers agree to properly document the "SecureTrans Service Request"
on the site as Translator's Corner warns, and not expect, or count on an extension to occur in any arbitration.
Site users who repeatedly do not use the site to document the "SecureTrans Service Request"
may be ejected from the site.
- 'Quick Resolution' Arbitrations
If a Seller does not upload completed deliverables to the site by the delivery deadline posted by the buyer,
then the Seller will be found in forfeit of the arbitration. The Seller agrees to allow enough time before the
deadline to double-check that what they uploaded to the site is actually what they intended to upload and is in
the proper format and is 100% of the deliverables... and to reupload it before the deadline if it should not be.
Should the site be down, the Seller may alternately confirm delivery by emailing the deliverables along with the
Service Request URL to support@translatorscorner.com.
The date/time stamp of the email will then be used to determine if delivery was made on time or not.
However, to prevent an unscrupulous Buyer from unfairly manipulating a Translator to obtain free work...
should Translator's Corner discover evidence that it feels indicates that the Buyer continued to work with the
Seller after the deadline, and the Seller did so in a fully competent manner, then the deadline may be deemed
"Implicitly Extended" by the Buyer's actions, nullifying the previous deadline and the above mentioned forfeiture.
If the time zone for a deadline is ambiguous, then Buyer and Seller authorize Translator's Corner to determine
the time zone to be enforced, using whatever method it deems (in it's sole opinion) to be appropriate.
If the Seller has already agreed to provide status reports prior to the arbitration and did not fulfill that
agreement, then they may also be found in forfeit of the arbitration. However, to prevent an unscrupulous Buyer
from unfairly manipulating a Translator to obtain free work... should Translator's Corner discover evidence that
it feels indicates that the Buyer continued to work with the Seller after the status report requirement was not
met, then the Buyer will be considered to have waived their rights to cancel on that particular missed stats
report, nullifying the previous deadline and the above mentioned forfeiture.
Note: status reports are NEVER required of the Seller while arbitration is in process.
If either party closes their account, then they agree that they will forfeit any ongoing and/or future
arbitrations.
- Forfeiting Arbitration by not responding
Buyer agrees to be prompt in corresponding with Seller and Translator's Corner, including final acceptance of
'Work Complete'. Should a Buyer not fully comply with Translator's Corner requests to either certify 'Work Complete'
or produce a flaw list within 5 business days, Buyer will forfeit the arbitration (at Translator's Corner's sole
discretion). For situations other than work complete/flaw list requests... should a Buyer not respond to Translator's
Corner arbitration communication in 3 days, they will forfeit arbitration (at Translator's Corner's sole discretion).
Should a Buyer respond in 3 days but (in Translator's Corner's sole determination) attempt to stall the arbitration
by inadequately addressing one or more issues, then they may also be ruled in forfeit of the arbitration
(at Translator's Corner's sole discretion).
If a Buyer forfeit occurs then Buyer forfeits the arbitration as well as the entire amount of the escrowed funds.
Translator's Corner may (at its sole discretion) either award those funds to the Seller without further
investigation, or choose to investigate if the Seller accomplished the contracted work corresponding to the
escrowed funds. If Translator's Corner chooses to investigate, they will award the Seller the percentage that
Translator's Corner determines that they have completed and return all additional escrowed funds to the Buyer.
Seller agrees to be prompt in corresponding with Buyer and Translator's Corner. Should a Seller not respond to
Translator's Corner arbitration communication in 3 days, they will forfeit arbitration (at Translator's Corner's
sole discretion). Should a Seller respond in 3 days but (in Translator's Corner's sole determination) attempt to
stall the arbitration by inadequately addressing one or more issues, then they may also be ruled in forfeit of the
arbitration (at Translator's Corner's sole discretion). Should a Seller not complete status reports prior to the
beginning of the current arbitration then they will forfeit arbitration at Translator's Corner's discretion.
If Translator's Corner determines a forfeit has occurred, then in addition to the Seller's quote being cancelled,
all of the Seller's other quotes which have been selected by Buyers may be assigned to another (presumably more
responsible) Seller. This may be done with or without notice to the original Seller.
- Excused absences:
Under certain circumstances, both the translator and buyer may be granted an extension by Translator's Corner
to the normal response times they have agreed to elsewhere in this contract. This will occur if they have an
"excused absence" (such as a vacation) that meets all of the following:
The party requesting the absence notifies Translator's Corner and the other party in advance of both
the date and length of the absence. This notification will occur on the arbitration itself and will be
done in advance of the absence start date by a minimum of 2 days for each week of the absence...
and a minimum of 3 days regardless of the length of the absence.
The party requesting the absence will provide any and all proof that Translator's Corner might require
to verify that the alleged event occurred, including plane stubs, medical records, etc.
(Each party agrees that if they do not, that the reason will not be considered valid).
The reason must be determined by Translator's Corner (at its sole discretion) to be legitimate.
For example "I notify you both 4 days in advance that I am taking a break from this arbitration for 2
weeks because I'm tired of participating" would not be considered legitimate.
Both parties agree that ALL of the above requirements must be met to be considered an excused absence.
If any one is not met, then the absence is not excused and the party agrees that they are not entitled
to an exception, and will be bound by the normal response times and penalties that they have agreed to
elsewhere in this contract.
The advance notification requirement may be reduced, if the party can provide proof (per the other requirements)
that an unforeseen emergency beyond their control was the cause and the sudden nature made it impossible to provide
the normal amount of advance notice (for example, a medical emergency). If such notice occurs only AFTER the response
period has elapsed, it may not be possible for Translator's Corner to partially or completely reverse the previously
made decision. To prevent this from occurring, both parties agree to instead setup a 3rd party in advance
(a friend, business partner, family member) as a proxy, who will notify Translator's Corner of their inability to
respond. This will enable Translator's Corner to act on the information. If either party neglects to do this, or the
proxy does not notify Translator's Corner in advance of that party's response time expiration, that party agrees that
their right to an excused absence will be waived. In such a case, Translator's Corner may still amend what it can
(for example, the rating may be changed to indicate a medical emergency occurred). However issues such as the escrowed
funds cannot be "undone".
There are a few other extremely rare situations, in which an excused absence is justified, but does not meet all of
the above requirements. For example, a competent Seller may deliver 100% of a project (including all tweaks, etc.)
by the final deadline and then go on vacation afterwards. An unethical buyer could put the project into arbitration
while they were away, knowing that the vacation would not be considered excused per the above requirements.
For this reason, both parties agree that Translator's Corner may waive any of the above requirements if it determines
it would be more legitimate (at its sole discretion). Further, both parties agree that they do not have the right to
demand or request such a waiver...and that it is purely at the discretion of Translator's Corner.
- When the Buyer Wins Arbitration:
If the Buyer wins arbitration, they may, at their option, apply the entire escrowed amount to a new Seller at no
charge. Translator's Corner will offer the Buyer options (if available) of switching to other Sellers on the original
quote, opening a new service request to get new Seller quotes, or otherwise offering to connect the Buyer with Sellers
for the purpose of completing the project.
The buyer also has the option to cancel the service request and request a refund of escrow funds.
To compensate Translator's Corner for the costs in this process, all refunds of this nature are subject to a
cancellation fee for the Buyer, as detailed under "Cancellation fee" elsewhere in this contract.
However, to compensate the Buyer when cancellation is not their fault... should the Seller be determined by
Translator's Corner to be "at fault" for the cancellation, then funds in the Seller's account (if available)
will be used by Translator's Corner to lessen or completely eliminate this charge.
If the Buyer is awarded back 100% of their escrowed funds on a project, then they agree that the deliverables created
by the translator may NOT be kept by the Buyer. Buyer agrees to relinquish possession by promptly and completely destroying
all deliverables and copies of deliverables in their possession.
- One Party Rating the Other Party:
To prevent 'retaliatory ratings', both parties in an arbitration forfeit the right to rate the other party.
Translator's Corner reserves the right to suspend rating rights on either party and/or to remove/edit ratings
that it judges to be either retaliatory in nature or involving a "trade" of favorable ratings to avoid a deserved
bad rating.
- Translator's Corner Ratings:
Translator's Corner reserves the right to rate any party at any time, as detailed previously.
However mediations and arbitration situations receive special scrutiny from Translator's Corner because they often
tempt one party to "trade" a deserved bad rating in return for performing a concession for the other party.
This practice is unfair to future buyers and sellers who rely on the ratings to make decisions and taints the overall
integrity of the rating system.
To prevent this, both parties agree to cooperate fully and completely with Translator's Corner's investigations as
to why a cancellation or reduction in payment has occurred. Translator's Corner (at its sole discretion) will
determine who is "at fault" and will then apply its own rating as follows:
- When one party is found at fault:
The party at fault receives a bad rating with a comment detailing what occurred and the arbitration is recorded
as a 'lost' arbitration on their record.
- When two parties are found at fault:
Both parties will receive a bad rating with a comment detailing what occurred and the arbitration is recorded as
a 'lost' arbitration on their record.
- When Translator's Corner can't determine who is at fault:
There are times when it is not possible (or economically practical) to determine conclusively which party is
at fault and which isn't. In these cases, both parties will receive a neutral rating with a comment detailing
each party's unverifiable position. The arbitration is recorded as 'neutral' arbitration on both party's records.
- When Translator's Corner determines that neither party is at fault:
Both parties will receive a neutral rating with a comment detailing why the result was neither party "at fault".
The arbitration is recorded as 'neutral' arbitration on both party's records.
- Translator cancellation grace period:
A Seller may, in good faith, place a quote and then later discover at the time of escrowing that they cannot take
on the project. Some examples include winning more projects than anticipated, or taking on additional responsibilities
while waiting for the Buyer to escrow funds. If a Seller notifies the Buyer (onsite) or Translator's Corner,
within 24 hours after the Buyer fully completes the escrow payment, with a reason that will prevent them from
completing the service request, Translator's Corner will grant them a neutral rating, rather than a poor/bad rating.
A comment indicating that the cancellation grace period was exercised by the Seller will be documented by Translator's
Corner on both the Seller and Buyer's profiles. Should Translator's Corner (at its sole discretion) determine that the
reason does not appear to be legitimate (including but not limited to 'I just don't feel like doing the work'), it can
revoke this privilege.
- Inappropriate Behavior:
If Buyer or Seller threatens or harasses the other party or Translator's Corner, does not treat the arbitration
process with respect or professionalism, does not follow arbitrator instructions, attempts (in Translator's Corner's
sole opinion) to manipulate or unduly influence the arbitration process, or breaks any rules in the buyer or seller
agreement or in the site terms and conditions, then Translator's Corner may choose to automatically forfeit that
party and rule in favor of the opposite party, as well as permanently terminate that party's account.
- Unfair contact via phone:
Translator's Corner arbitrators must maintain their objectivity to produce a fair judgment. This cannot be maintained
when a party initiates one or more phone calls to attempt to influence or pester the arbitrator into deciding in their
favor. To prevent this, both parties agree to communicate exclusively via the site and not by phone.
Translator's Corner arbitrators can communicate by phone to explain the rules, clarify statements that they made
(if they were unclear to a party), or explain how to post to arbitration. But the actual arbitration itself cannot be
discussed on a phone call initiated by either party.
9. Service Request Acceptance
Upon Buyer's receipt and acceptance of Seller's service or product, they will promptly indicate acceptance via the
web site. If acceptance is not explicitly given within 7 days, and no arbitration is started, it will be implicitly
assumed. Upon acceptance, Translator's Corner shall credit the Seller's account with the final amount, minus the
Translator's Corner Fee. The Payment Processing Commission is calculated as a percentage of the amount of the escrowed
funds and is based on the quoting type of the auction... according to the following fee schedule:
| Project Type |
Payment Processing Commission |
Service Request
From search of all translators using Auto Price Comparison. |
10%
8% * |
Translator Referral
When the Buyer enters a unique referral code given by the Seller. |
8%
7% * |
My Favorite Translator
Allows Buyer to give an immediate discount bonus to translator's who have done
good work on past jobs by contacting the translator directly from their favorite translators list. |
8%
7% * |
* Indicates the preferred payment method discounted fee. This lower fee is charged by Translator's Corner,
when all escrowed funds are deposited by the Buyer using a preferred payment method. Preferred payments methods are:
a snail mail check. They are subject to modification in the future.
NOTE: For this lower fee to apply, Seller should notify Translator's Corner when the Buyer used a
preferred payment method, once his funds are updated.
If the Payment Processing Commission falls below the minimum fee of ($3), the minimum Payment Processing Commission
will be charged.
New Client Contact Fee
In addition to the Payment Processing Commission, if the Seller is initially contacted by the Buyer
using the ComConsole chat system, a fixed amount of 0.50 USD will be charged under the concept of
New Client Contact Fee.
This fee will only be charged once per Service Request, and only if the initial communication
was made using the chat system.
This fee will be charged independently of whether the Seller was hired for the Service Request,
but will only be subtracted from his earning in the site, so Seller will not be demanded to pay
this fee unless he/she has actually raised money in the site.
10. Project details, Quoting, and Reply Privacy and Explanation
The Seller and Buyer may exchange one or more quotes and replies on the service request.
Translator's Corner wishes to make clear in this section exactly what is shown and what is not shown to other people
on the site regarding service requests and quoting.
Profiles
Both buyer and translator profiles are publicly available. Profiles are viewable by clicking on the person's name
at various places on the site, including SecureTrans jobs, the Directory, Translator Rankings and Ratings.
3rd party search engines outside of the control of Translator's Corner (such as Google) may index and show these
profiles on their sites. If you wish to keep your identity private, you are advised to use the 'Screen Name' feature
of the site and use a name different than you real name or company.
SecureTrans Jobs
The buyer creating the SecureTrans job will of course have access to all the information posted in it.
The SecureTrans job will not be accessible by any Seller other than the ones contacted by the Buyer during his search,
or otherwise explicitly added to the job. What these Sellers can see depends on several circumstances:
- General Job Summary
This section is viewable by all sellers at all times.
This includes the notes section, which can be viewed by all contacted Translators, even if an NDA is required.
- Message Board Contents
Message Board contents, including E-mails exchanged, chat logs, status reports and event notifications are only
viewable by the respective 2 parties involved.
- Purchase Order Details
Purchase Order Details include all details of a job pertaining to a certain language pair in it (since the same
job can contain several language pairs).
Details of a Purchase order will not be viewable by Sellers until the Buyer decides to submit it to Translators.
This includes the files uploaded by the client to be translated.
- NDAs
A buyer can request translators to download an NDA he/she uploaded, sign it and upload it back to the site.
The Buyer must then approve the NDA before translators can access the details. In a job where an NDA is requested,
Sellers which haven't uploaded one, or haven't been approved will not be able to access the Purchase Order Details.
- Reference Material
Reference Material uploaded by the Buyer can be viewed by all translators contacted for the job, unless an NDA is
required for it, in which case only the ones that had it approved will be able to access Reference Materials.
- Quotes
Sellers can not see the quotes posted by other sellers in the job
11. Taxes
Translator's Corner does not collect taxes, duties, fees or other governmentally imposed excises, so Seller and Buyer
agree to assume their respective responsibilities under the law.
The site fully complies with United States Internal Revenue Service (IRS) regulations. As of this writing, the IRS
requires that when payments are made to a person in the United States and it exceeds a certain threshold amount, that
it must be reported to the IRS (via a 1099-MISC form).
Additionally, if there is the slightest doubt as to the location of a payee or their eligibility to work,
Translator's Corner is required under law to exercise "due diligence" by requiring official IRS paperwork to
prove their location and/or eligibility. The process is as follows (but is subject to change without notice per the IRS):
- Completion of the I-9 form and supporting documentation.
- Results must be notarized and physically mailed to Translator's Corner.
Should Translator's Corner (at it's sole discretion) determine that the Seller's account requires such scrutiny,
Seller agrees to either comply with the process (which may include assuming modest costs such as postage, etc) or
forfeit their account and funds in it.
In order to properly report earnings to the IRS, Sellers receiving payments to the United States at any time in a year
agree to the following:
- That they are solely responsible for ensuring that their correct Social Security/EIN information is provided to the site.
- That if they create duplicate accounts (with or without Translator's Corner's permission), they will also notify Translator's Corner.
This notification will be in writing, will occur in each and every year in which the Seller has duplicate accounts, and will enumerate all duplicate accounts.
- That should they be paid in the U.S. during the year, and then change their payment to outside the U.S. (or vice versa), that they
will notify Translator's Corner of the change so that their total can be properly calculated.
The notification will be in writing and will occur in the year of the change.
Should Seller violate any of the above, they understand that this may be considered tax evasion by the IRS.
They agree not only to pay any possible IRS penalty imposed on them, but also any penalty imposed on Translator's Corner
as a result of their actions, plus an additional 50% fee to Translator's Corner to compensate Translator's Corner for
their breach.
12. When Translator's Corner is a Buyer
From time to time Translator's Corner may wish to place service requests on the site as a Buyer.
If the Seller were to quote on and win such a service request and then a dispute were to arise, the Seller would not wish
Translator's Corner to perform arbitration, as it would place Translator's Corner in a potential "conflict of interest"
situation where it was judging a service request in which it was a party to. To prevent this from happening, Translator's
Corner agrees to the following:
- To clearly post in the description of the service request that the service request is being posted by Translator's
Corner, and that special rules apply to the service request, as detailed in this section.
- To waive their rights to arbitration.
By posting a quote on such a service request, the Seller agrees:
- To waive their rights to arbitration as well
To reduce the risk for the Seller, Translator's Corner will attempt to negotiate mutually agreeable partial payments
for the achievement of milestones.
13. Abandoned Accounts
Translator's Corner may do periodic account reviews to weed out abandoned accounts.
If a Seller is inactive for 18 months, their account may be considered by Translator's Corner to be abandoned.
Abandoned accounts will be closed. If they have any funds remaining, Translator's Corner will notify the seller
via email to their account email address, so they can be recovered by the Seller. However, if the Seller does not
claim their funds for 6 months from the date of Translator's Corner's email notification, all funds will become the
property of Translator's Corner.
14. Fraudulent Behavior Notification Warning
If Seller attempts to commit, or actually commits, fraud (of any type...including but not limited to "as defined
by this contract", United States law, or an action generally accepted to be fraudulent) that would adversely effect
one or more other site users, then Seller does grant Translator's Corner the right to:
- Notify those other users of the attempted or actual fraud (and provide pertinent details).
- Provide those other users with the Seller's real name(s), address(es), phone number(s), fax number(s),
and/or email address(es).
15. Trademarks and Confidential Information
Trademarks
Translator's Corner may use Seller's Trademarks in Service requests, or related documentation.
Translator's Corner's or Seller's use of Trademarks shall be consistent with proper trademark usage.
Neither party grants to the other any right, title, or interest in any Trademarks except as provided in this Section.
Seller is responsible for appropriately attributing any of its Trademarks or the trademarks of third parties.
Access to and Use of Confidential Information.
A party receiving Confidential Information agrees:
- that it is claimed to be a trade secret of the other party,
- not to disclose or use any of such Confidential Information for any purpose except as necessary and consistent with
the terms of this Agreement,
- to limit the use of and access to such Confidential Information to only those employees who have a need to know, and
- that it will immediately notify the other party in writing of any unauthorized disclosures and/or use thereof.
Such notice shall include a detailed description of the circumstances of the unauthorized disclosure or use and the parties.
Exclusions
A party shall have no obligation as to Confidential Information that:
- is provided in a tangible form and not labeled as confidential or proprietary, or if provided orally,
not designated as confidential or proprietary at the time of disclosure,
- is known to the receiving party at the time of disclosure, as evidenced by documentation in the receiving
party's possession at the time of such disclosure,
- is independently developed by the receiving party (provided the receiving party can show that such development
was accomplished by or for the receiving party without the use of or any reference to Confidential Information),
- becomes rightfully known to the receiving party from another source without confidentiality restrictions,
- is or becomes part of the public domain through no wrongful act of the receiving party, or
- is furnished by the disclosing party to a third party without confidentiality restrictions.
A receiving party may disclose Confidential Information pursuant to a competently authorized judicial or
governmental request, requirement or order, provided that the receiving party takes reasonable steps to give
the disclosing party sufficient notice to contest such request, requirement or order and/or to seek a protective order.
Return of Confidential Information
In any event of termination or expiration of this Agreement, each party will, within five (5) business days return to
the other party such party's Confidential Information.
16. Intellectual Property Infringement Indemnity
Infringement Claims
Seller will defend and hold Translator's Corner harmless in any suit or proceeding based on a claim that any equipment,
products or services transacted under this Agreement, constitutes infringement of any copyright, patent or trademark.
Seller will pay all settlements or damages awarded against Translator's Corner, provided that Translator's Corner
- informs Seller of such suit or proceeding in writing and within thirty (30) days of actual notice of a claim,
and provides Seller with all related information,
- grants Seller the authority to settle or litigate such suit or proceeding, and
- provides all necessary assistance to Seller
17. Limitation of Liability; Indemnity
IN NO EVENT SHALL TRANSLATOR'S CORNER (OR IT'S AFFILIATES) BE LIABLE TO BUYERS, SELLERS, OR ANY OTHER PERSON FOR
EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM THEIR USE OF
TRANSLATOR'S CORNER PRODUCTS OR SERVICES OR THEIR INABILITY TO USE SUCH SERVICES. THIS LIMITATION OF LIABILITY
INCLUDES (BUT IS NOT LIMITED TO) THE COST OF COVER, LOSS OF PROFIT, USE, SAVINGS OR REVENUE, OR THE CLAIMS OF
THIRD PARTIEs, AND APPLIES WHETHER OR NOT TRANSLATOR'S CORNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND
ALSO APPLIES WHETHER OR NOT THE LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY.
YOU AGREE THAT IN NO EVENT SHALL TRANSLATOR'S CORNER'S LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE LESSER OF
THE TRANSLATOR'S CORNER FEE ON THE TRANSACTION INVOLVED, OR $10,000. THE LIMITATIONS IN THIS SECTION SHALL APPLY
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Indemnification by Seller
Seller shall indemnify, defend (with counsel approved in writing by Translator's Corner) and hold Translator's Corner,
its officers, directors, shareholders, employees, insurers, attorneys, successors and assigns harmless against any and
all claims for cost, damage, expense (including reasonable attorneys' fees) or liability arising out of or related to
the acts or omissions of Seller, its employees, representatives or agents.
18. Default and Termination
Default
Should the Seller default, their account may be terminated by Translator's Corner. Seller shall be considered to have
defaulted under the Agreement for any failure to perform its obligations to Buyer under any Service request awarded to
Seller and/or if Translator's Corner discovers any material misrepresentation or omission that Seller has made in this
Agreement or its Registration. In the case of either party, the failure by such party to observe or perform any material
covenant or obligation under this Agreement shall constitute default. Seller may also be considered in default if they
violate the site terms of service, or if their service to buyers is poor (defined as receiving 2 or more below average
ratings and/or complaints).
19. Closing Accounts
At the request of the Seller, Translator's Corner will close out their account, disabling all future use of it.
However, Seller understands and agrees that Translator's Corner will not delete any information, as it is required to
report such information to 3rd parties including (but not limited to) FBI investigations, IRS investigations, credit
card fraud investigations, or for Translator's Corner own auditing purposes.
20. Enforcement
If Seller breaches or attempts to breach any of the terms of this Contract or fails to make any payments when due
under this Contract, Seller shall pay to Translator's Corner as part of a judgment all of Translator's Corner's costs
and expenses, including reasonable legal fees, incurred by Translator's Corner in enforcing the terms of this Contract
or collecting any payment due under this Contract.
21. Security and Viruses
Please note that Translator's Corner uses the best of its ability to protect all data from external and unauthorized
party access by the use of (but not limited to) firewalls, encryption and 3rd party security consultants.
Additionally it also uses the best of its ability to protect site users from viruses via virus scanning software.
However no security system and/or virus system is 100% secure or 100% effective. Should sensitive data be confirmed
as compromised, or a virus discovered on a Translator's Corner system, Translator's Corner will alert the affected
Seller via email (to the address registered on the site). However, due to the nature of security and viruses,
Translator's Corner strongly advises the Seller to take their own security precautions, such as personal virus scanning
software, and/or encrypting sensitive communications. Given the nature of these matters, should a security compromise
or virus incident occur, Seller agrees that Translator's Corner is not liable for the incident (in any way or kind)
nor for any repercussions of such an incident (in any way or kind).
22. Site Usage
Translator's Corner Corp. provides this web site and related services subject to the following terms and
conditions. USE OF THIS SITE IMPLIES AN AGREEMENT TO ABIDE BY AND BE BOUND BY THESE TERMS.
Therefore, please read the following information carefully.
Both Buyers and Sellers
Translator's Corner Corp. reserves the right to refuse to post, alter or remove any service request, quote or other
transmitted information. Translator's Corner Corp. may exercise this right without any advance notice to the individual
submitting the quote or Service Request.
Translator's Corner Corp. acts as a "middle-man" between service requester and seller. It is in its best interest to
attempt to make sure that every transaction proceeds smoothly and to the mutual satisfaction of both parties. However,
in the event that an irresolvable dispute arises as a result of a transaction, both buyer and translator agree that as
a "middle-man", Translator's Corner Corp. is completely harmless and not liable in any way for said dispute.
As the purpose of Translator's Corner is to facilitate financial transactions via the site, Service Requesters and
translators who post Service Requests or quotes that go against this purpose will have their postings deleted and their
Translator's Corner accounts terminated. This includes, but is not limited to, Service Requests asking for 'pro-bono'
work, work in exchange for a commission/percentage of sales of a product, or a swap for non-cash compensation.
It also includes quotes where the translator offers to do the work or provide a solution 'pro-bono'.
Those who choose to access this Web Site are responsible for compliance with applicable local laws. Information
available on this Web Site and transactions occurring as a result of your use of the site may be subject to U.S. Export
Control Laws and/or other applicable export and import laws. You are solely responsible for compliance with all applicable
export/import laws, regulations, taxes, licenses and fees.
In order to protect the legal rights and recourse of both translators and sellers, all users of the site affirm that
they are legal adults, able to enter into contracts and at least 18 years of age. Persons not meeting this requirement
are not allowed to post Service Requests or quotes.
Copyright Information
All pages and graphics on this Internet site are the property of Translator's Corner Corp. The pages may not be
redistributed or reproduced in any way, shape, or form without the written permission of Translator's Corner Corp.
However, you may link to any of the pages in the site. Pages in the site may not be encased in a frame from the
referring site, without express written permission of Translator's Corner Corp.
Warranties
All services provided by Translator's Corner Solutions are provided 'as is', without warranties as to performance,
fitness, merchantability, and any other warranty (whether expressed or implied).
The Site
The site itself is also provided without warranty of any kind. There are no guarantees that it will be available at
any given time, and no guarantees that use of the site will not be subject to interruptions. All direct or indirect risk
related to use of the site is borne entirely by you, the user.
The possibility exists that the site and its contents may contain inaccuracies or errors. Translator's Corner Corp.
makes no guarantees regarding the accuracy of the site or its contents. If you discover that the site or its contents
contains errors, please contact us so these can be corrected.
The site contains links to other sites operated by third parties. Translator's Corner Corp. does not endorse and is
not affiliated with these linked sites, and is not responsible for any content that appears on these linked sites.
Your Conduct
While using this site, you agree not to:
- Restrict or inhibit anybody else from using the site.
- Post any unlawful, fraudulent, threatening, abusive, defamatory, obscene or otherwise objectionable content.
- Post or transmit any information or software that contains a virus or other harmful/disruptive component.
- Post or transmit materials in violation of another party's copyright or intellectual property rights.
- Post or transmit information in violation of site rules and/or legal agreements.
Translator's Corner Corp. reserves the right to change or delete user public content and/or private communications
sent through Translator's Corner systems. Additionally, it may refuse service and/or block any user who does not adhere
to these guidelines, or for any other reason for which Translator's Corner deems prudent. Additionally, legal action
may be pursued at Translator's Corner's discretion. Translator's Corner Corp. may take this action without prior notice
or explanation to the user.
Automated bots
Automated bots cause stress on the site servers and when proper precautions are not in place, can prevent legitimate
"real" users from accessing the site. You may not create any automated bot to access Translator's Corner without first
notifying Translator's Corner Corp. and receiving expressed written approval for its design.
If Translator's Corner approves your bot's design, then you must adhere to the specifications that Translator's Corner
approves. Translator's Corner reserves the right to revoke permission previously granted, and you agree that if so revoked
you will immediately cease use of the bot and take all available actions to prevent other users of the bot from using it
as well.
Redisplay of Translator's Corner site
You may not take any portion of the Translator's Corner site and redisplay it (whether in its entirety or partially),
without expressed written consent by Translator's Corner Corp.
Privacy Statement
Translator's Corner Corp. believes strongly in protecting our users' privacy. Please note that Translator's Corner
uses the best of its ability to protect all data from external and unauthorized party access by the use of (but not
limited to) firewalls, encryption and 3rd party security consultants. Additionally it also uses the best of its ability
to protect site users from viruses via virus scanning software. However no security system and/or virus system is 100%
secure or 100% effective. Should sensitive data be confirmed as compromised, or a virus discovered on a Translator's
Corner system, Translator's Corner will alert the affected User via email (to the address registered on the site).
However, due to the nature of security and viruses, Translator's Corner strongly advises the User to take their own
security precautions, such as personal virus scanning software, and/or encrypting sensitive communications. Given
the nature of these matters, should a security compromise or virus incident occur, User agrees that Translator's
Corner is not liable for the incident (in any way or kind) nor for any repercussions of such an incident (in any way
or kind).
Trademark Information
The names Translator's Corner, and Translator's Corner Corp. are registered trademarks and cannot be used without
the written permission of Translator's Corner Corp.
23. General
Survival
The parties' obligations under this Agreement shall survive any termination and/or expiration of this Agreement.
Assignment
Seller shall not assign or transfer this Agreement without Translator's Corner's prior written consent, which shall
not be unreasonably withheld. Any attempted assignment shall be null and void.
Relationship of the Parties
This Agreement does not create a franchise, joint venture or partnership between the parties. Neither party hereunder
is the agent, broker, partner, employee, or legal representative of the other for any purpose, except that Translator's
Corner is the agent for Seller and Buyer in bringing the two, or more, parties together using the Translator's Corner
website. Translator's Corner shall act as a fiduciary for Buyer and Sellers for the limited purpose of collecting and
disbursing funds. For all other purposes, the parties are independent contractors.
Excused Performance
Neither party shall be liable for failure to perform its obligations under this Agreement for causes beyond its
reasonable control.
Governing Law; Attorneys' Fees
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas. In the event
that any dispute or controversy between the parties arises related to the use of any Translator's Corner system, service,
product or employee, or related to any allegation of defamation regarding any Translator's Corner system, service, product
or employee, or related to any provision of this Agreement and/or the performance or termination thereof, such dispute or
controversy shall be subject to the exclusive jurisdiction of the Texas state courts in and for Travis County, Texas
(or, if there is federal jurisdiction, the U.S. District Court for that region) and the prevailing party in any such
dispute shall recover all of its costs, including reasonable attorney's fees.
Time Limitations
No action, regardless of form, arising out of or related to this agreement may be brought by the Seller more than
one year after a cause of action has arisen.
Currency
All rates, prices, offers, and any other monetary value expressed in the site or other Translator's Corner
communications is in United States dollars unless explicitly specified otherwise.
Notices
Notices shall be sufficient only if sent by certified mail or air express, return receipt requested, or personally
delivered to a party. Notice by mail shall be deemed received on actual receipt. Notices should be sent to the
address specified on our Contact page
No Waiver
The failure of either party to enforce any of the provisions hereof shall not be construed to be a waiver of the
right of such party to thereafter enforce any such provision. Furthermore, any exception to or special treatment of
any provision of this Agreement, whether it be a special, a general, or repeated exception or treatment, shall not
operate as, or be construed to constitute, a modification of such provision.
Unenforceable Provisions
If any term of this Agreement is found to be illegal or unenforceable, the remaining portions of this Agreement
shall remain in effect, provided that the parties agree to negotiate in good faith substitute enforceable terms.
Modifications; Special Agreements; Entire Agreement
Note that Translator's Corner reserves the right from time to time to amend, modify or change this agreement.
When this happens, Translator's Corner shall notate the new information clearly and post a notice in the 'news' section
of the site about the update. Due to the majority of parties requesting not to be contacted via email about updates to
the site, email notice will not always be given. Additionally, due to the financial costs associated with written notices,
written notice will not always be given. If you are interested in keeping abreast of the latest changes to this agreement,
then please bookmark this page and review it from time to time, or monitor the 'news' section of the site.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT BY PROVIDING NOTICE
TO US. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR
SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Should Translator's Corner and the Seller come to a special understanding not outlined in this agreement it will be
laid out in writing and signed by both parties.
This Agreement is the entire understanding between Seller and Translator's Corner with respect to the subject matter
of this Agreement, and supersedes all
- proposals, oral or written,
- negotiations, conversations or discussions between the parties and
- industry custom or past course of dealing, relating to the subject matter