Terms and Conditions
The following Terms and Conditions constitute a legally binding agreement ("The Agreement") between you ("Client") and Midwest Translation Service LLC ("MTS LLC") regarding access to and use the network of websites ("website") and its associated human-based translation services ("Services") rendered or to be rendered by MTS LLC.
Midwest Translation Service LLC is an internet based translation service provider. All requests and orders will be submitted by phone, email or fax. Translations will be submitted via email or mail service.
By accessing or using our network of websites or Services, you agree to be bound by these Terms and Conditions of Service. If you do not wish to be bound by these Terms and Conditions of Service, you should leave the website now.
For the purposes of this Agreement,
"Source Material(s)" shall mean any electronic or other files that the Client transmits to MTS LLC and/or its partners using the website that are intended to be the subject of services hereunder
The final translated version of the Source Material(s) shall be referred to as "Deliverable" or "Deliverables"
Each order or formal request for the provision of Services shall be referred to as an "Order".
- Midwesttranslation.com and its other network of websites and partner websites are online translation ordering sites.
- When you visit midwesttranslation.com, its other network of websites, and/or partner websites and send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- The charge for the translation is based on word-count, language(s) and service requested. The word-count, as determined by MTS LLC, is final and non-negotiable. The word-count is clearly visible throughout the ordering process. Any changes to this word count will be communicated to the Client for approval.
- All prices and rates quoted are subject to change without notice prior to formal acceptance of any Order. MTS LLC reserves the right: to charge for additional Services requested after an Order has been accepted; alter without notice the currency in which the transaction is processed and/or billed.
- It is the responsibility of the Client to select the appropriate service for the translation of the Source Material(s). MTS LLC will not accept any responsibility if the service selected does not meet the specific requirements of the Client.
- The Client can request a translation by submitting Source Material(s) via email or fax.
- All modifications or additions to the source materials will be submitted to MTS LLC, clearly indicating changes and where they occur in relation to the previously submitted copy. Pricing and scheduling for incorporation of source material modifications or additions into the target language translation(s) in progress are determined based on extent and implication of changes and percentage of work already completed. Client will be advised by MTS LLC of the estimate of additional charges before the changes or additions are made by MTS LLC.
- The translated files will remain accessible through the project website (Online File Folder-Work Space www.onlinefilefolder.com ) for a period of one month after completion unless otherwise agreed.
- MTS LLC will not be liable to correct any errors or omissions that were inherent in the original Source Material(s) and which may or may not affect the quality of the Deliverable.
- Source Material(s) will be virus checked upon receipt by MTS LLC.
- MTS LLC reserves the right to refuse to translate any Source Material(s) that is/are of an offensive nature, defamatory, obscene, in breach of any statutory or regulatory obligation, or is otherwise considered inappropriate by MTS LLC, whose decision in all matters shall be binding and conclusive.
- The services can be utilized by selecting either Personal Account or Business Account.
Standard or Certified Translations Service are for individuals, prepayment by credit card only and all service levels and languages are available.
Business Translation Services are for use by companies or other legally incorporated bodies only:
MTS LLC provides an estimate service - this is quoted on a without prejudice basis based on the information provided and shall be subject to such Terms and Conditions and fees as MTS LLC may direct.
MTS LLC Warranties
- Prepayment by credit card required.
- MTS LLC will provide written estimate requiring authorization by signature.
- Authorization form must be completed by cardholder of the credit card used for payment.
- It is the Client’s responsibility to make sure that the Name, Address, Phone number and email of the cardholder be entered correctly so the credit card processor can match and authorize the transaction.
- MTS LLC will not initiate a translation until the payment is fully processed and thus complete.
- MTS LLC warrants that the proofread translation services will meet reasonable commercial standards for professional human translation (i.e. human translation by a bilingual translator with reasonable skill in translating the concepts and terminology of industry-specific text with a proofread by a second translator).
- MTS LLC warrants that the non-proofread translation services will meet reasonable standards for professional human translation (i.e. human translation by a bilingual translator with reasonable skill in translating the concepts and terminology of industry-specific text, but not proofread by a second translator).
- Times for expected receipt of the Deliverable are displayed at the time of order (Estimated Delivery Date). MTS LLC will use its best efforts to meet these deadlines but does not accept liability for any delay in delivery. MTS LLC reserves the right to amend the estimated delivery date and will make all reasonable efforts to contact the Client if there is any change in the Estimated Delivery Date.
- All shipping costs are included in the quoted price. It includes shipping by USPS Priority mail. However, if you require faster service, additional charges for expedited service and overnight shipping will be estimated prior to Client approval.
- Prepayment is required to initiate all translation services. For Business Translation Services, MTS LLC will only accept Orders with signed authorization from the cardholder of the credit card used for payment. Every Order will be validated prior to any work commencing.
- Payment must be in US Dollars.
- MTS LLC uses secured technology to keep your personal details safe. All information sent to the website is protected against disclosure to third parties.
- The Client has 30 days from receipt of the final Deliverable to inform MTS LLC of any errors or omissions contained in the translated work. MTS LLC will make the necessary corrections free of charge and within a reasonable timeframe.
- Client Warranties
- The Client represents and warrants that it owns or is licensee of the Source Material(s) and all components thereof, and that translation of the Source Material(s) and publication, distribution, sales or other use of the deliverable shall not infringe upon any copyright, trademark or patent, or other right of any third party.
- The Client represents and warrants that Source Material(s) submitted to the website is/are of good quality and free of errors or spelling mistakes.
- The Client warrants not to use any device, software or routine to interfere with the proper working of the website or which may have a contaminating or detrimental effect on the website.
- MTS LLC makes no representations or warranties of any kind, except as set forth above. WITHOUT LIMITING THE FOREGOING, THE SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS AND WITHOUT ANY OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
- MTS LLC shall not be liable for any incidental, special or consequential damages or loss of any nature whatsoever, nor for any claim against the Client by any other person or entity, arising from or relating to services rendered by MTS LLC, regardless of the nature of the claim or the form of the cause of action, whether in contract or in tort, or otherwise, and even if MTS LLC has been advised of the possibility of such damages by anything contained in related proposals and other documentation. MTS LLC shall not be responsible for any loss or damage to, nor the return of, any Source Material(s). The maximum liability to the Client by MTS LLC shall in all cases, other than those involving death or personal injury, be limited to the value of the Order.
- In the event that the Client breaches this Agreement, MTS LLC shall have the right to terminate immediately, whereupon the Client shall pay the full purchase price provided hereunder for the services completed and for all work in progress. In the event that MTS LLC breaches this Agreement, the Client shall have the right to terminate whereupon MTS LLC shall return to the Client all Source Material(s) and data supplied by the Client together with all Deliverables that exist as of the date of termination.
- All right, title and interest in and to the Source Material(s) and, except as hereunder provided, the Deliverables, and any and all patent rights, copyright, know-how, and trade secrets therein are and remain the sole and exclusive property of the Client. Notwithstanding the above, the Client acknowledges that MTS LLC is the sole and exclusive owner of all right, title, and interest in and to all
- methodology, information, software, and databases used in translating the Source Material(s), and
- inventions, methodology, innovations, know-how, and databases developed by MTS LLC in the course of translating the Source Material(s), including any and all patent rights, copyrights, know-how, and trade secrets therein. Provided that the Deliverables and copyright, know-how and trade secrets therein shall remain the property (but not the risk) of MTS LLC until MTS LLC shall have been paid in full for such Deliverables.
- The nature of the work performed and any information transmitted to MTS LLC by the Client shall be confidential. MTS LLC shall not without the prior consent of the Client, divulge or otherwise disclose such information to any person other than authorized employees or authorized subcontractors of MTS LLC whose job performance requires such acts. The provisions of this paragraph shall not apply to the extent MTS LLC is required by law to divulge such information or to the extent such information is or becomes a matter of public knowledge other than by disclosure by MTS LLC.
- The Client shall indemnify, defend, and hold harmless MTS LLC, its owners, directors, officers, employees, representatives, agents, successors and assigns from and against any and all losses, damages, costs and expenses, including reasonable legal fees, resulting from, arising out of or incidental to any suit, claim or demand based on (i) the performance of this Agreement by either party, (ii) the Client's breach of the covenants, representations and warranties made by it herein, (iii) the manufacture, advertisement, promotion, sale or distribution of any items by the Client, (iv) any taxes and duties, levies, tariffs, or like fees that may be imposed by any government or collective authority upon manufacture, advertisement, promotion, use, import, licensing or distribution of items by the Client, or (v) any claim that any element of the Deliverable infringes any copyright, trademark, patent, or other proprietary right.
- MTS LLC may terminate the rights of the Client without cause at any time and with immediate effect.
- All disclaimers, indemnities and exclusions in the Agreement shall survive termination for any reason.
- If any part of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that part shall be deemed severed and the validity and enforceability of the remaining Terms and Conditions shall not be affected.
- MTS LLC may modify these Terms and Conditions at any time.
- This Agreement is to be governed by and construed in accordance with US Law. Any disputes shall be subject to the exclusive jurisdiction of the US courts.