By accessing or using the web site or the Translation Services, you agree to be bound by these Terms and Conditions of the Translation Service. If you do not wish to be bound by these Terms and Conditions of Translation Service, please leave the web site now.
For the purposes of this Agreement,
"Original Material(s)" shall mean any electronic files that the Client transmits to English-Serbian Translations using the web site that are intended to be the subject of Translation Services hereunder
The final translated version of the Source Material(s) shall be referred to as "Translated Material(s)";.
Each order or formal request for the provision of the Translation Services shall be referred to as an "Order";.
1. EnglishSerbianTranslation.com is offering following Translation Services
a) English Serbian Translation and Localization Services
b) Proofreading and Reviewing Services
2. The charge for the translation is based on word-count. The word-count, as determined by English-Serbian Translations , 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. English-Serbian Translations reserves the right: to charge for additional Translation 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 Translation Service for the translation of the Original Material(s).
5. The Client can request a Free Quote by uploading and submitting Original Material(s) to the web site.
6. The Client can request a translation by agreeing with the Free Quote.
7. The client will be informed about the exact procedure for receiving the translated files.
8. English-Serbian Translations will not be liable to correct any errors or omissions that were inherent in the Original Material(s) and which may or may not affect the quality of the Translated Material(s).
9. Original Material(s) will be virus checked upon receipt by English-Serbian Translations .
10. English-Serbian Translations reserves the right to refuse to translate any Original 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 English-Serbian Translations , whose decision in all matters shall be binding and conclusive.
11. Payment will be via credit or debit cards and will use moneybrokers.com as the credit card processor.
12. English-Serbian Translations Warranties
English-Serbian Translations warrants that the Translation Service will meet reasonable commercial standards for professional human translation.
13. Times for expected receipt of the Translated Material(s) are displayed in the Free Quote. English-Serbian Translations will use its best efforts to meet these deadlines but does not accept liability for any delay in delivery. English-Serbian Translations 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 delivery date.
14. The Client has 7 days from receipt of the final Translated Material(s) to inform English-Serbian Translations of any errors or omissions contained in the translated work. English-Serbian Translations will make the necessary corrections free of charge and within a reasonable time frame.
15. Client Warranties
a) The Client represents and warrants that it owns or is a licensee of the Original Material(s) and all components thereof, and that translation of the Original Material(s) and publication, distribution, sales or other use of the Translated Material(s) shall not infringe upon any copyright, trademark or patent, or other right of any third party.
b) The Client represents and warrants that Original Material(s) submitted to the web site is/are of good quality and free of errors or spelling mistakes.
c) The Client warrants not to use any device, software or routine to interfere with the proper working of the web site or which may have a contaminating or detrimental effect on the web site.
16. English-Serbian Translations makes no representations or warranties of any kind, except as set forth above. WITHOUT LIMITING THE FOREGOING, THE TRANSLATION 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.
17. English-Serbian Translations shall not be liable for any 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 the Translation Services rendered by English-Serbian Translations , 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 English-Serbian Translations has been advised of the possibility of such damages by anything contained in related proposals and other documentation. English-Serbian Translations shall not be responsible for any loss or damage to, nor the return of, any Original Material(s). The maximum liability to the Client by English-Serbian Translations shall in all cases, other than those involving death or personal injury, be limited to the value of the Order.
18. In the event that the Client breaches this Agreement, English-Serbian Translations shall have the right to terminate immediately, whereupon the Client shall pay the full purchase price provided hereunder for the Translation Services completed and for all work in progress. In the event that English-Serbian Translations breaches this Agreement, the Client shall have the right to terminate whereupon English-Serbian Translations shall return to the Client all Original Material(s) and data supplied by the Client together with all that exist as of the date of termination.
19. All right, title and interest in and to the Original Material(s) and, except as hereunder provided, the Translated Material(s), 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 English-Serbian Translations 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 Original Material(s), and inventions, methodology, innovations, know-how, and databases developed by English-Serbian Translations in the course of translating the Original Material(s), including any and all patent rights, copyrights, know-how, and trade secrets therein. Provided that the Translated Material(s) and copyright, know-how and trade secrets therein shall remain the property (but not the risk) of English-Serbian Translations until English-Serbian Translations shall have been paid in full for such Translated Material(s).
20. The nature of the work performed and any information transmitted to English-Serbian Translations by the Client shall be confidential. English-Serbian Translations 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 English-Serbian Translations whose job performance requires such acts. The provisions of this paragraph shall not apply to the extent English-Serbian Translations 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 English-Serbian Translations .
21. The Client shall indemnify, defend, and hold harmless English-Serbian Translations , 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 Translated Material(s) infringes any copyright, trademark, patent, or other proprietary right.
22. English-Serbian Translations may terminate the rights of the Client without cause at any time and with immediate effect.
23. All disclaimers, indemnities and exclusions in the Agreement shall survive termination for any reason.
24. English-Serbian Translations reserve the right to modify these Terms and Conditions at any time.