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 Tuesday, April 25, 2017 - 6:26 PM
 Global Business Connector
 
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Conditions of use
 
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

The purpose of this Privacy Policy is to inform users of the Internet portal (linguaserve.com/linguaserve.net ) of the policy applied by LINGUASERVE INTERNACIONALIZACIÓN DE SERVICIOS, S.A. , located at C/ Seminario de Nobles, 4, MADRID, in its capacity as File Manager and as regards the protection of personal data, as well as of the users' rights, in order that Users may freely and voluntarily decide whether they wish to provide LINGUASERVE INTERNACIONALIZACIÓN DE SERVICIOS, S.A. with the Personal Data that may be requested of them or obtained from them through the use of and subscription to any of the services offered through the Portal.


Simply accessing and using this Site implies acceptance of the conditions of this Privacy Policy. Furthermore, LINGUASERVE INTERNACIONALIZACIÓN DE SERVICIOS, S.A. reserves the right to modify this Privacy Policy to adapt it to any new legislation or jurisprudence that may take effect, new services that affect data protection, as well as practices in the Internet industry. As appropriate, LINGUASERVE INTERNACIONALIZACIÓN DE SERVICIOS, S.A. will notify the modification of this Privacy Policy on the Portal prior to putting it into practice.

 

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 clients@linguaserve.com 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.

 

LINGUASERVE INTERNACIONALIZACIÓN DE SERVICIOS, S.A. provides the Users with the appropriate technical resources to access the Privacy Policy or any other relevant information beforehand, so that they may give their consent to LINGUASERVE INTERNACIONALIZACIÓN DE SERVICIOS, S.A. to handle their Personal Data by automated means.


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 FAILURES

In the event of System failures that impeded, encumber or delay in any way the ability to provide the Services or to deliver the materials:

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.

VIII. GENERAL

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 beforehand.

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:

(i)

Use the Material exclusively to meet the contractual obligations assumed through the signing of this agreement;

(ii)

Not reveal, 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

(iii)

Following the 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 medium.

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.

 
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