The following general
conditions regulate the use of the “Global Business Connector”
(GBS) programme, developed and property of Linguaserve Internacionalización
de Servicios, S.A. (LAS).
By using the GBS programme, the client accepts and
is bound by these Terms and Conditions of Service. Should the client
not wish to be bound by these Terms and Conditions of Service, he
cannot access nor use the GBS programme.
I. GENERAL CONDITIONS OF USE
1.1 The client accesses the GBS service through
the virtual office located at www.linguaserve.com after logging in
as a service user.
1.2 To use the service, the client must have a username
(ID) and password. These access codes are provided to each client
on a case-by-case basis after signing the corresponding contract.
1.3 Client obligations
a) The client is obligated never to reveal his ID
and password to third parties and to take extreme care in their keeping.
b) The client claims to be the owner or to have usage rights to the
Material submitted to LAS for translation.
c) The client guarantees that the Material submitted for translation
contains no abusive, threatening, injurious, defamatory, obscene,
pornographic or any other type of content that is in any way unlawful,
including, but not limited to, any penal, trademark or industrial
or intellectual property laws and that it is not submitted in contravention
to the contractual obligations assumed by the client.
d) The client assumes any legal responsibility deriving from the content
of the Material submitted for translation.
e) The client agrees to do everything possible to ensure that any
source Material uploaded to the Site or the LAS servers for all of
the Services is free of viruses or other destructive code.
1.4 Data Protection
LINGUASERVE INTERNACIONALIZACIÓN DE SERVICIOS, S.A. guarantees compliance with Organic Law 15/1999, dated 13 December, governing the Protection of Data of a Personal Nature, Royal Decree 994/1999, regarding Security Measures, and all other applicable legislation; and further informs that the personal information gathered through the e-mail address firstname.lastname@example.org is stored in databases belonging to LINGUASERVE INTERNACIONALIZACIÓN DE SERVICIOS, S.A. , which applies the technical, organisational and security measures to guarantee the confidentiality and integrity of the information.
Users and/or Professionals are thus duly informed and consent to the introduction of their personal data in the below mentioned files, which have been duly registered with the Data Protection Agency under the names "Clientes", "Proveedores" and "Empresa" , for the purpose of carrying out the procedures required to maintain relations with the Clients and Providers, and for control and follow-up with LINGUASERVE INTERNACIONALIZACIÓN DE SERVICIOS, S.A.
LINGUASERVE INTERNACIONALIZACIÓN DE SERVICIOS, S.A. is fully aware of the use and treatment that should be given to the personal data gathered. Likewise, it recognises and guarantees compliance with all existing related legislation, and undertakes to fulfil its obligation to keep personal data secret and its duty to guard them, guaranteeing the adoption of all available protection and security measures required to prevent their alteration, loss, misuse, unauthorised access or theft, in accordance with the Automated Files Security Measures Regulations approved by Royal Decree 994/1999, dated 11 July.
Nonetheless, the User and/or Professional should be aware that the Internet security measures are not infallible.
LINGUASERVE INTERNACIONALIZACIÓN DE SERVICIOS, S.A. will answer solely for the level of security of its own systems, declining at all times any knowledge of the situation of the users or third-parties, now or in future.
The User guarantees the veracity of the Personal Data provided to LINGUASERVE INTERNACIONALIZACIÓN DE SERVICIOS, S.A. and undertakes to notify them of any modifications.
The Users have, and may exercise, the rights of access, rectification, cancellation and opposition, by virtue of Organic Law 15/1999, dated 13 December, governing the Protection of Data of a Personal Nature. Users may exercise these rights by contacting LINGUASERVE INTERNACIONALIZACIÓN DE SERVICIOS, S.A. by e-mail.
II. INTELLECTUAL PROPERTY
2.1 The content of the site, the Global Business
Connector programme, and all other working tools used for the translations
are the property of LAS. Therefore, all these applications are protected
by intellectual and industrial property legislation and any distribution
or reproduction, in whole or in part, is prohibited without the express
consent of LAS.
2.2 LAS recognises that all work ordered as well
as their translations are the property of the client and LAS forfeits
any rights to them.
III. WORK ORDER, EXECUTION AND DELIVERY
3.1 The specific conditions regarding the order, execution and delivery
of the work will be set in writing in the individual contract drawn
up between Linguaserve and any of the clients.
3.2 Without disregard to the previous paragraph,
the client recognises that a translation is so complex that in some
circumstances it is impossible to make a literal transcription of
terminology between the two languages. However, Linguaserve will do
everything in its power to ensure that a translation is as faithful
to the original as possible, while rejecting all responsibility for
the consequences that it may have outside of Spain.
IV. SERVICE SUBCONTRACTING
LAS endeavours to provide translations produced by translators contracted
directly. However, at some times, when accumulated work levels do
not permit LAS to fulfil orders with its own resources, LAS reserves
the right to authorise the translators contracted directly to subcontract
services in order to complete each order promptly. LAS is not obligated
to inform clients of this circumstance and assumes full responsibility
for any translation done in this way.
V. SERVICE MALFUNCTIONS, SYSTEM AND COMMUNICATIONS
In the event of System failures that impeded, encumber
or delay in any way the ability to provide the Services or to deliver
5.1 If the error is caused by a failure in the client’s
system, LAS refuses any responsibility for the damages produced
5.2 If the error is caused by a failure in the LAS’s
system, LAS assumes all responsibility for any damages that this may
cause to the client.
5.3 Errors caused by communications system failures
(telephone lines and other means of data transmission) are considered
the product of force majeure and will be dealt with in accordance
with the appropriate legislation. Neither party shall be responsible
for failing to meet the obligations set forth in these General Conditions
if said failure was a product of force majeure.
Without disregard to the previous paragraphs, LAS
will notify the client of any errors that occur in the Materials submitted
as soon as possible following their detection.
VI. GUARANTEES APPLICABLE TO ALL SERVICES, EXISTING
WORK, DELIVERIES AND THE USE OF THE SITE AND ITS CONTENT.
6.1 The specific conditions regarding the reception
of work, services offered and delivery of the work completed will
be established individually in writing with each client.
6.2 LAS guarantees the delivery of the work in the
timeframe and with the quality established individually with each
client. These conditions will be met except due to factors outside
the control of LAS (accidental cut-off of lines of communication,
failures in systems outside the control of LAS).
6.3 LAS will make every effort to ensure that the
work is delivered free of viruses or other destructive code by applying
off-the-shelf commercial antivirus software. However, because computer
data transmission involves means beyond the control of LAS, the company
cannot guarantee that the work delivered by these means will reach
the client free of destructive code.
VII. CONDITIONS OF PAYMENT
7.1 The specific payment conditions will be established
individually in writing with each client.
7.2 Without disregard to the above, as a general
rule, payment for services is due in advance.
7.3 Under no circumstances will LAS perform any
work prior to the receipt of the corresponding payment.
7.4 On the LAS web page, the client will find an
auxiliary tool which, based on the introduction of a series of data,
provides an informational estimate. This estimate is in no way binding.
To determine the exact amount and to receive a binding estimate, the
client must contact LAS.
8.1 Linking directly to the Services offered on the Site is strictly
prohibited without the express written consent of LAS. A hyperlink
to the general URL of the Site home page is authorised, as long as
it does not infringe the proprietary rights of LAS and the client
refrains from using in-depth links or any other illegal reference.
Embedding links, advertisements and/or any other information on the
Site that does not originate on the Sites is expressly prohibited.
8.2 Should any part of this Contract be considered
invalid or non-applicable, the invalid or non-applicable entry shall
be considered substituted by the valid or applicable entry that best
fits the intent of the original entry, and the rest of the Contract
shall remain valid.
8.3 LAS reserves the right to modify these general
conditions at any time without advance notice to the clients. These
changes shall have no affect on the individual contracts drawn up
8.4 LAS may retain a copy of any Delivery for the
purpose of the guarantee and for due diligence. The time during which
said copies may remain in the custody of LAS shall be accorded individually
with each client.
8.5 LINGUASERVE recognises the client’s ownership
of the Material, in any format of publication, edition or distribution,
and its confidentiality, regarding both its content and its technical
specifications. As a result, the company agrees to:
Use the Material
exclusively to meet the contractual obligations assumed through
the signing of this agreement;
without the client’s prior written consent, nor permit
any third party to reveal, any information obtained through
the contractual relationships regulated by this agreement; and
Initial Internationalisation of the Material, to follow the
client’s instructions regarding the destruction of copies
of the elements included therein, regardless of the technical
IX. DISPUTE RESOLUTION AND JURISDICTION.
9.1 Any dispute arising from the application and
interpretation of these general conditions shall be resolved in accordance
with Spanish legislation.
9.2 For any lawsuits or other legal actions derived
from the application of these general conditions, as well as the contracts
drawn up individually with the clients, the Spanish courts and tribunals
shall be legally competent.
9.3 Anything not covered by these general conditions
shall follow the corresponding Spanish legislation, especially regarding
consumer and user protection.
9.4 Should any contradiction arise between the general
conditions and those established individually through contracts drawn
up with the clients, the individual contracts are applicable or, in
any case, those most favourable to the client.
9.5 The parties to this contract affirm that they
will act at all times in good faith and will endeavour to the extent
possible to avoid any type of dispute between them and, should any
arise, they will use all means possible to resolve them.