Web Writers Terms and Conditions
The following Terms and Conditions constitute a legally binding agreement ("The Agreement") between you
("Client") and Web Writers ("WEB WRITERS")y accessing or using the website or Services, you agree to be
bound by these Terms and Conditions of Service. For the purposes of this Agreement,.
Webwriters means the business owned, registered as a translation agency and run by Alina Barrow, 11 rue de la
Porte St Jean, 32100 Condom, France.
"Source Material(s)" shall mean any electronic or other files that the Client transmits to WEB WRITERS. 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".
Web Writers is a translation, localisation, website builder and interpreting company.
2.
The charge for the translation is based on word-count, language(s) and service requested. The word-count, as
determined by WEB WRITERS, 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.
3.
All prices and rates quoted are subject to change without notice prior to formal acceptance of any Order. WEB
WRITERS 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.
4.
It is the responsibility of the Client to select the appropriate service for the translation of the Source Material(s).
WEB WRITERS will not accept any responsibility if the service selected does not meet the specific requirements
5.
The Client can request a translation by uploading and submitting Source Material(s) to the website.
6.
The translated files will be kept for a period of six months after completion unless otherwise agreed.
7.
WEB WRITERS 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. The Client is responsible for providing
a grammatically correct, legible, clear electronic copy of the text and/or drawings.
8.
Source Material(s) will be virus checked upon receipt by WEB WRITERS.
9.
WEB WRITERS 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 WEB WRITERS, whose decision in all matters shall be binding and conclusive.
The first named person on the account is the authorized business user, who has authority to
add/remove users to the account.
Several users can be added to one Business Account, with the ability to grant/restrict access to the website. It is
the responsibility of the Client to update/edit and remove users, WEB WRITERS accepts no liability in relation to
user access to the account.
Payment can be by bank transfer or cheque. WEB WRITERS will need to approve the purchase order prior to any
10.
WEB WRITERS 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 WEB WRITERS
11.
WEB WRITERS Warranties
.
WEB WRITERS warrants that the Translation Service and proofread Translation Service 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 proofread by a second translator).
i.
WEB WRITERS warrants that the non-proofread Translation Service 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).
12.
Times for expected receipt of the Deliverable are displayed at the time of order (Projected Delivery
Date). WEB WRITERS will use its best efforts to meet these deadlines but does not accept liability for
any delay in delivery. WEB WRITERS reserves the right to amend the delivery date and will make all
reasonable efforts to contact the Client if there is any change in the Projected Delivery Date.
13.
Payment is due at date of order, unless a Business Account using an approved purchase order system has been
established in which case, payment is due 30 days from the date of invoice.
14.
For Business Accounts, WEB WRITERS will only accept Orders from valid Business Account users. Every Order
will be validated prior to any work commencing. WEB WRITERS reserves the right to decline any Order or to
cancel any Order prior to delivery.
15.
Business Accounts using an approved purchase order system will be invoiced at the end of each calendar month
for all Orders completed in the month.
17.
WEB WRITERS uses the latest encryption technology to keep your personal details safe. The Client has 7 days
from receipt of the final Deliverable to inform WEB WRITERS or any errors or omissions contained in the
translated work. WEB WRITERS will make the necessary corrections free of charge and within a reasonable
timeframe. The client is responsible for proofreading the translation before going to print and WEBWRITERS
cannot be held responsible for any error regarding US and UK English spelling or grammar differences.
.
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.
i.
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.
ii.
The Client warrants not to use any device, software or routine to interfere with the proper working of the website,
computers or information technology or which may have a contaminating or detrimental effect on the website
and/or WEB WRITERS computers..
19.
WEB WRITERS 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.
20.
WEB WRITERS 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 WEB WRITERS, 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 WEB WRITERS has been advised of the possibility of such damages
by anything contained in related proposals and other documentation. WEB WRITERS 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 WEB
WRITERS shall in all cases be limited to the value of the Order.
21.
In the event that the Client breaches this Agreement, WEB WRITERS 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 WEB WRITERS breaches this Agreement, the Client
shall have the right to terminate whereupon WEB WRITERS 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.
22.
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 WEB WRITERS 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),
i.
inventions, methodology, innovations, know-how, and databases developed by WEB WRITERS 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 WEB WRITERS until WEB WRITERS shall have been paid in full for such
23.
The nature of the work performed and any information transmitted to WEB WRITERS by the Client shall
be confidential. WEB WRITERS 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 WEB WRITERS whose job performance requires such acts. The provisions of this paragraph shall not
apply to the extent WEB WRITERS 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 WEB WRITERS.
24.
The Client shall indemnify, defend, and hold harmless WEB WRITERS, 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.
25.
WEB WRITERS may terminate the rights of the Client without cause at any time and with immediate effect.
26.
All disclaimers, indemnities and exclusions in the Agreement shall survive termination for any reason.
27.
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.
28.
WEB WRITERS may modify these Terms and Conditions at any time.
29.
This Agreement is to be governed by and construed in accordance with French Law. Any disputes shall be
subject to the exclusive jurisdiction of the French courts.