1. Purpose
1.1 The present provisions provide rules for the use of services provided on the Internet site (hereinafter referred to as the ‘Website’), accessible at the address Lingfy.com. The Website aims to act as an intermediary between individuals or legal entities providing translation services as independent contractors/providers (‘Translators’) and any individual or legal entity that visits the Website to inquire about and/or order any offered services (‘Clients’). LINGFY, Unipessoal Lda, with its headquarters at Rua Espargo de Baixo 633, 2º Rec., 4520-107 Santa Maria da Feira, Portugal, Taxpayer ID 514273925 (‘LINGFY’), makes these services available to all Internet users (‘Users’).
1.2 Access to the Website is free, except for the cost of the internet service providers contracted by Users.
1.3 The use of the Website and the reading of the following general conditions represent the Users’ full and express acceptance, and they assume full responsibility for compliance. Failure to comply is explicitly stated in the general and specific clauses. The user acknowledges that infringement may result in legal or judicial action. If you wish to register and use the services available on this Website, please carefully read the following conditions.
2. General conditions
2.1 The Website allows Clients to request and order translation, proofreading, and transcription services after accessing an instant quote or receiving one by email. Registered Translators have the opportunity to review and accept those services ordered by Clients.
2.2 Before confirming the service order, Clients must register on the Website to create a LINGFY account. Clients agree to keep all information correct and up to date. Any alteration of data/contacts that was not communicated through the Client’s account is not attributable to LINGFY. Clients may not create multiple accounts for any reason.
2.3 Any kind of personal data and information provided to LINGFY will be treated in accordance with our Privacy Policy.
2.4 The orders placed by Clients are quickly communicated by email to the registered and selected translators on the Website, whose language skills and level of expertise fully match the requested services. The project is assigned to an available translator after reviewing the number of words and/or minutes and accepting the project terms, such as the fees, delivery deadline, and Clients’ instructions.
2.5 After the translator confirms the previously mentioned project terms, Clients will be notified by email to pay for the service with a credit card or PayPal. Large-volume customized projects can be invoiced to the client on a monthly basis, subject to conditions agreed in advance.
2.6 After payment confirmation, the assigned translator begins the process of translation, proofreading, or transcription, observing the established deadline. The translation and proofreading deadline calculation is based on a rate of at least two hundred (200) words per hour and the transcription of eight (8) minutes of audio per hour. In cases of illness or other unforeseen events and/or unforeseeable circumstances or force majeure, LINGFY cannot guarantee meeting the exact deadline, and in those cases, it may not be considered liable/responsible under those circumstances. In the aforementioned situations, Translators will contact Clients via the Project Area to justify the delay and inform the new deadline in agreement with the Client.
2.7 LINGFY does not select specific translators beyond their language skills and the level of expertise appropriate for each project. The project assignment is limited to the first Translator to review, confirm, and accept the conditions of each job. For high-volume customized projects, teams of translators can be set up to work regularly on the services ordered by the Client.
2.8 Clients and Translators undertake to provide only true and correct information on the Website, and where necessary, in accordance with the service to be provided, the supporting documents for the activity. LINGFY is not liable/responsible for the information above referred to.
2.9 LINGFY assumes no responsibility for your use of the Website and/or its services. Its use is personal, and Clients and Translators may not distribute their usernames and passwords to third parties, allowing them to use the services through their membership.
3. Warranties
3.1 LINGFY ensures the continuous and correct operation of our Website, except in some circumstances where such compliance will not be enforceable due to reasons beyond our control.
3.2 Without prejudice to the previous paragraph, LINGFY reserves the right, as the owner of the Website, to suspend or terminate its operation whenever it considers that there is justification to do so, whether related to third parties or our business model; however, in all cases, this will be communicated to Clients and Translators as soon as possible.
3.3 When disclosing information on the Website, Clients and Translators are required to take into account the applicable law, especially related to competition, consumer rights protection, misleading advertising, and discrimination. The use of obscene or improper content, immoral or pornographic content is also prohibited, as are references to other websites of any nature.
3.4 Clients and Translators undertake to ensure that none of the information and documents sent to LINGFY or through their servers contain computer viruses, macro viruses, Trojan horses, worms, or anything else that may cause interference or disruption to computer operating procedures.
3.5 In addition, Clients and Translators are restricted from accessing the Website system without prior registration and to review or intercept smuggled data or information of any nature, especially of a personal nature.
3.6 LINGFY is not considered liable/responsible for any error, omission, inaccuracy, or incorrectness of the information provided by Clients and Translators.
3.7 LINGFY reserves the right not to use, in any form, any information that violates these Terms of Use.
4. Translators
4.1 The membership as a Translator according to the General Terms and Conditions establishes an Agreement between him/her and LINGFY, in which there are rights and duties for each party, as set out in the Translator Services Agreement.
5. Clients
5.1 Clients have the right to use the Website under the terms and conditions contained in this Agreement, regarding its privacy policy.
5.2 LINGFY collects service orders and other information from Clients and communicates them to Translators registered on the Website who provide corresponding services based on what was ordered by Clients.
5.3 Clients agree not to submit service orders not allowed by law or by the terms of this Agreement.
5.4 Clients acknowledge that they are solely responsible for the content and accuracy of any information provided by them.
5.5 Clients acknowledge not to copy, reproduce, modify, or use in any way any content of the Website. They also acknowledge not to use orders and work obtained through the Website for purposes other than what was established in the negotiated agreement and/or agreed through contacts made available on this Website. They undertake not to send to third parties or disclose otherwise service orders made on the Website, distribute, or publicly display any content from the Website without prior and express authorization of LINGFY.
5.6 Clients shall not use the Website, its contents, or services for a purpose other than that for which it is intended, in particular for illicit purposes, illegal or in any way capable of colliding with the rights of others legally protected.
6. Responsability
6.1 LINGFY is not a party to any title in the contractual relation established between Clients and Translators, so they acknowledge that it cannot be attributed any responsibility/liability regarding the implementation of the agreement and the compliance with contractual commitments of the parties.
6.2 When ordering a service, Clients are responsible for providing the documents to be translated, proofread, or transcribed, and all other required materials (Translation Memory, glossary, guide, etc.). LINGFY can make recommendations about the type of source documents and in what format they should be provided, but safeguards that the quality of the results depends on the clarity, accuracy, and ease of interpretation of the source documents and instructions provided by Clients.
6.3 Likewise, it cannot be attributed to LINGFY any liability for breach of the contract of any of the parties or non-contractual liability, as well as for any losses or damages that may arise for any party.
7. Cancellation
7.1 Clients may cancel any service ordered on the Website, as long as a Translator has not already initiated the project. To cancel an order, please contact us via email at hi@lingfy.com so that we can process your refund.
7.2 If the translator has started working after the service payment confirmation, then Clients will not be able to get a refund if they cancel the project.
8. Approval
8.1 After notification of project completion sent by LINGFY, Clients have ten (10) days to review results and evaluate the work.
8.2 If Clients wish, they can ask for reasonable and necessary changes to Translators within the evaluation period of 10 days. If Clients are still not satisfied after those changes, they may reject the work approval if he/she reasonably determines that the quality of the job is not in accordance with the ordered service level. In these circumstances, the provisions in section 8.3 are applicable.
8.3 Due to the nature of linguistic translation, errors are inevitable. However, if LINGFY determines that the work rejected by the Client has serious quality issues or is not at the specified ordered level, then the project may be assigned to another Translator, at no extra cost to the Client. If the Client dissatisfaction persists, and after Lingfy examines the work done on a case-by-case basis, LINGFY may refund the Client if the reason for the complaint is considered justified and substantiated.
9. Mediation
9.1 Conflicts, complaints, or dissatisfaction arising from the relations established between Clients and Translators should be reported in writing to LINGFY, preferably via the message box on the projects page or by email to hi@lingfy.com.
9.2 The information collected for the effects mentioned in the previous paragraph intends to allow LINGFY to improve and update the information related to the Translators registered on the Website.
10. Changes
10.1 LINGFY reserves the right to amend the technical conditions for the services offered on the Website, without needing authorization from Clients, as long as these changes do not involve additional costs for them.
10.2 Any changes on the basis of new services that LINGFY may offer or activities that can be extended or changes to adapt to new regulations and laws that may arise shall be communicated to the other party, in writing, subject to their express acceptance.
10.3 These General Conditions of use do not exclude the possibility of certain services of the Website, due to its particular characteristics, be subjected to special conditions of use, which, in any case, may be consulted by Clients and Translators before its activation.
11. Resolution
11.1 Either party may terminate this contract in case of failure or defective compliance with any of its obligations assumed by the other under these General Conditions or special requirements.
11.2 The resolution operates automatically on the date of receipt of the written notification to that end, sent by one party to the other, invoking their reasons.
12. Entry into Effect
12.1 This agreement shall enter into effect at the time of the Translators’ registration on the Website Lingfy.com and is valid during the period agreed upon in the Specific Conditions.
13. Communications
13.1 For the purpose of carrying out a legal notice, summons, or subpoena within the scope of judicial action for the fulfilment of monetary obligations arising under this Agreement, the parties agree to use the address stated in the registration form, unless otherwise expressly indicated by the Translator.
13.2 Translators are obliged to communicate any change to the address stated on the online registration form to LINGFY within a maximum of fifteen (15) days, under penalty of the translator being treated as legally notified at the address originally stated.
14. Law and Jurisdiction
14.1 This Contract reflects the agreement of both parties, and the laws and norms in effect in the Portuguese Republic apply to them.
14.2 The declaration of invalidity of one or more clauses of this contract does not imply its total invalidity, but only of the related clause(s).
14.3 For the resolution of any dispute arising between the parties, the Courts of the Judicial District of Porto shall be responsible, and any other jurisdiction is renounced.
15. Epigraphs
15.1 The clause headings are only guidelines to the content of these and do not bind the parties in any case.