1.1 The present provisions provide rules for the use of services provided on the Internet site (from now on, the 'Website'), accessible on the address Lingfy.com, which aims to intermediate between individuals or legal persons, providing translation services as independent contractors/providers ('Translators') and any individual or legal person who goes to the Website to inquiry and/or order any offered services ('Clients'), that LINGFY, Unipessoal Lda, with headquarters in the Incubation Centre Portugal Global, Rua Paulo da Gama 629, 4150-589 Porto, Portugal, Taxpayer ID 514273925 ('LINGFY'), makes available to all Internet users ('Users').
1.2 Access to the Website is free, aside from the cost of the connection through 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, who assume the full responsibility for compliance. Failure to comply is explicit in the general and particular clauses. The user accepts that infringement may result in legal or judicial action. If you want to register and use the services available on this Website, please read carefully 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 and where 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 were not communicated through the Client's account is not attributable to LINGFY. Clients may not create multiple accounts for whatever reasons.
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 matches the requested services. The project is assigned to the first translator to review the number of words and/or minutes and level of expertise and to accept 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 credit card or Paypal.
2.6 After payment confirmation, the assigned translator begins the process of translation, proofreading or transcription, observing the previously established deadline in the Project Area. 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 type of unforeseen events and/or unforeseeable circumstances or force majeure, LINGFY cannot guarantee to meet the exact deadline and in those cases it may not be considered liable/responsible under those mentioned circumstances. In the aforementioned situations, Translators will contact Clients via the Project Area, to justify the delay and to inform the new deadline in agreement with the Client.
2.7 LINGFY does not select specific translators, beyond their language skills and level of expertise appropriate to each project. The project assignment is limited to the first Translator to review, confirm and accept the conditions of each job.
2.8 Clients and Translators undertake to only provide on the Website true and correct information 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.
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 demandable 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 a justification to do so, whether related to third parties or with 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 something 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.
5.2 LINGFY collects service orders and other information from Clients and it communicates them to Translators registered on the Website who provide corresponding services with 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 the 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 other purposes of 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. Responsibility
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 should they be provided, but safeguards that the quality of the results are dependent 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 contract of any of the parties or non-contractual liability, as well as for any losses or damages which may arise to 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 firstname.lastname@example.org 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. During this period, Clients can approve the job in their Project Area. If the customer does not respond within the evaluation period of 10 days, the job will automatically be considered 'Approved'.
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 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 email@example.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 does 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 of any of its obligations assumed by another 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 it is valid during the period agreed 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 LINGFY any change to the address stated on the online registration form, 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 being applied to them the laws and norms in effect in the Portuguese Republic.
14.2 The declaration of invalidity of one or more clauses of this contract does not imply its total invalidity, but only of(s) the related clause(s).
14.3 For the resolution of any dispute arising between the parties it shall be responsible the Courts of the Judicial District of Porto, being renounced any other.15. Epigraphs
15.1 The clauses headings are only guidelines to the content of these and do not bind the parties in any case.