Terms and Conditions
THIS IS A LEGAL AGREEMENT (”AGREEMENT”) BETWEEN THE CUSTOMER (“CUSTOMER”) AND CONCIERGE STAR, INC. DBA. LINGUA (“THE COMPANY”), WHICH WILL APPLY TO THE CUSTOMER IN RESPECT OF ANY AND ALL SERVICES OFFERED BY OR ACQUIRED (THE “SERVICES”) FROM THE COMPANY WEBSITE (THE “WEBSITE”). THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS GOVERNING THE ACCESS AND USE OF OUR WEBSITE, INCLUDING THE PROVISION OF TRANSLATION SERVICES RESULTING IN TEXT DOCUMENTS (”TRANSLATIONS”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, the Customer/Customer agree to become bound by the terms and conditions of this agreement. If the Customer/Customer do not agree to all the terms and conditions of this agreement, then the Customer/Customer may not access the Website or use any services. If these terms and conditions are considered an offer by The Company, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 19 years old.
1. Services, Quotations, Contract
The Company agrees to provide Services (“Services”) and the deliverables (“Deliverable”) to the Customer in accordance with these Terms in consideration of the fees (“Fees”), as described in the Order. In addition, Customer will provide all reasonable cooperation to the Company, including providing any materials that are the subject of the Services (the “Customer Originals”). General quotations and estimates for translation services provided by the Company shall not entail any commitment. The Company reserves the right to reasonably alter the Terms at any time by giving the Customer notice in writing. Any changes in scope of the Services or failure to provide reasonable cooperation may result in additional charges or delays. The Company may at any time revoke or change prices and dates of delivery quoted if the Company has not had the opportunity – prior to quoting such details – to view the entire text to be translated or edited. The Customer’s oral or written acceptance of the quotation submitted by the Company or, if no quotation is submitted, confirmation by the Company in writing of an order placed by the Customer shall constitute a contract. The Company may consider as a Customer any person or entity that has placed an order with the Company.
2. Ownership
Customer will retain all right, title and interest in and to the Customer Originals. Subject to these Terms, all the Deliverables provided to Customer hereunder will be owned by Customer and will be deemed “works made for hire.”
3. Use of Services
The Customer is at all times responsible for the use of the Services. Where the Customer accesses the Services by means of the internet, the Customer is responsible for providing access to the Services, including but not limited to a computer, modem and/or additional communications equipment and a telephone line capable of and necessary for connecting to and accessing the Services. The internal network configuration remains the responsibility of the Customer. Any interruptions to the Services that occur as a result of an internal configuration issue are not deemed as an interruption or suspension of the Services. The Company expressly has no responsibility for the subsequent use of any collateral arising from Services delivered to the Customer, nor does The Company have any responsibility for the implications of use of any delivered Services. The Customer will indemnify The Company against all liabilities, losses, or costs that The Company may incur, in consequence of any claim that may be made against The Company in consequence of the use of, or content of, any Services delivered by The Company.
4. Fees, Cancellation, Delivery
The price payable by the Customer for the Services shall be given to the Customer via quote, order or invoice directly relating to the Services provided by The Company, or otherwise agreed with The Company by email or other correspondence. The Company reserves the right to require the Customer for upfront payment for services or to provide sufficient security before the Company commences or continues to execute an order. Any Services purchased by you are prepaid, unless otherwise agreed to between the parties in writing. In case the Company agrees to issue and invoices to the Customer for services rendered, the Invoice shall be given to the Customer upon services rendered or within 15 days of the service rendered. Invoices shall be paid by the Customer within 15 days of the invoice date. The Company reserves the right to charge Customers by credit card at its sole discretion. The Company reserves the right to demand payment in advance at its sole discretion. The Company reserves the right to charge Customers any bank transfer fees and expenses in addition to the invoiced price, or charge a 4% credit card processing fee. The Company reserves the right to charge interest on any amounts due by the Customer to The Company that are not paid on the due date, at the rate of 4% above the base rate from the due date, until the outstanding amount is paid in full. Interest shall accrue on a daily basis. Any changes made by the Customer to an Order after a contract has been created, shall entitle The Company to change the price or delivery date of the Order or refuse to execute the Order.
Re: Subscription Plan:
Your subscription plan shall automatically renew for subsequent periods of the same length as the initial term unless either party gives the other written notice of termination at least thirty (30) days prior to expiration of the then-current term. For example, if you are on a monthly plan, you will be automatically charged each month until you provide us notice you do not wish to continue the service. If you cancel in the middle of the month, you will not be entitled to a refund for the remainder of the month. If you pay for an annual plan, you will be automatically renewed for another year on your renewal date. If you do not wish to renew your plan, please send us a cancellation notice in writing.
You are entitled to rollover any remaining unused Services during the term of your plan and 30 (thirty) calendar days after its termination. This provision applies solely to the business clients that pay based on the monthly subscription. This subscription is limited to the
5. Refund, Credit
In order to qualify for a refund due to the quality of the Service provided, you should request for a refund process a via email at [email protected] no later than 24 hours following the pre-payment date. Our customer service team will qualify the refund request, based on the reason of the refund request, delivery, etc. Subject to the aforementioned, You agree that once the Company initiated the translation process, that is usually within 24 hours of the received order or payment for the order, the payment shall become non-refundable for any reason.
The Company shall reserve the right not to issue a refund for any third-party services, such as Apostille Services, if the physical documents have been received by you (verified via USPS, UPS, FedEx tracking numbers). The Company shall not be responsible for delays by third parties, such as the Department of State for Apostille issuance. The Company shall not be responsible for delays by shipping services such as USPS, FedEx, UPS, etc. The Company shall not issue refund due to third party delays.
The Company offers 100% Money-back guarantee only if the Translated document was not accepted by legal authorities due to our certification errors. In this case, You must submit proof of non-acceptance from the actual authority in writing with specific agency letterhead, with explanation of reasons for non-acceptance in order to receive a refund.
In case of delivery delay due to refusal to supply requested materials needed to commence or carry out the Translation Project by the Customer, or cancellation of the Order after the Company has commenced the work, the Customer may be charged 50% of the Order price. The Customer may cancel the translation project within twenty-four (24) hours after the prepayment received.
6. Execution of Order and Non-Disclosure/Confidentiality
The Company shall carry out text translations, editing and proofreading in timely manner and its best ability and in the agreed timeframe. If the Company fails to meet the agreed deadline for reasons other than circumstances beyond its control, and if the Client cannot accept the delay, the Client shall be entitled to cancel the contract in writing. In this case, the Company shall not be required to pay compensation. The Company shall keep any document and information provided by the Customer confidential. The Company’s employees are held to the same standards and shall be required to observe the Company’s code of confidentiality; however, the Company shall not be liable for any breach of confidentiality by its employees. Unless it is agreed otherwise, the Company may and shall be entitled to hire a third party in order to execute the order. The third party shall be required to observe the code of confidentiality; however, the Company shall not be liable for any breach of confidentiality by its hired third party. Each party receiving Confidential Information under these Terms will not disclose such Confidential Information to any person other than its employees, agents, and contractors (and those of its subsidiaries and affiliates) who are bound by obligations of confidentiality at least as strict as those contained in this Section; provided that, such information may be disclosed with prior written notice to the disclosing party as required to comply with applicable laws, regulations, subpoenas, legal demands or court orders. The receiving party will use the disclosing party’s Confidential Information solely for purposes of its performance hereunder. The receiving party will, upon written request, destroy all copies of the Confidential Information in its possession or control; provided that, mandatory obligations to maintain business documentation will remain unaffected. “Confidential Information” means information designated in writing as “confidential” or “proprietary” prior to or at the time of disclosure or information that a reasonable person would understand to be confidential given the nature of the information and the circumstances of its disclosure. “Confidential Information” does not include information that is: (a) or becomes generally known to the public through no fault of the receiving party; (b) in the receiving party’s possession prior to receipt from the disclosing party; (c) acquired by the receiving party from a third party without obligation of confidentiality; or (d) independently developed by receiving party without reference to the disclosing party’s Confidential Information.
7. Guarantees and Liability
The Customer expressly agrees that the use of the Services including online forms is at the Customer’s sole risk. The Company, its agents, contractors, licensees and employees do not guarantee that the Services will be uninterrupted or free from error. The Company will use its best endeavors to deliver the Services within any agreed time, but shall not be liable to the Customer or be deemed to be in breach of the Terms by reason of any delay in performing, or any failure to perform, any of the Services, if the delay or failure was due to any cause beyond The Company’s reasonable control. The Company shall not be responsible for any errors or omissions contained on any of the Company’s website and reserves the right to make changes anytime without notice. All The Company and third-party information provided on any The Company website is provided on an “as is” basis. In no event shall The Company be liable for any damages whatsoever, and in particular The Company shall not be liable for direct, special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue or loss of use, cost of replacement goods, loss or damage to data arising out of the use or inability to use any The Company website, any The Company product or service. This includes damages arising from use of or in reliance on the documents or information present on any The Company website (including any information posted or placed by anyone other than The Company), even if The Company has been advised of the possibility of such damages. All documents and information on the Company website are protected by copyright. Except as specifically permitted herein, no portion of the documents or information on this website may be reproduced in any form or by any means without the express written consent of The Company.
8. Termination
The Company may terminate this Agreement at anytime without prior notice and without affecting any accrued rights or claims of The Company where the Services are misused by the Customer, for non-payment of the Fee or for breach of the Terms or in the case of the insolvency of the Customer. The Company reserves the right to suspend provision of the Services for the duration of any non-payment period. Suspension of the Services does not necessarily constitute termination of the Services, at The Company’s discretion. For the avoidance of doubt, where the Services are terminated by The Company in terms of this clause 6, the Customer shall remain liable for the full purchase price for the Services completed, all work in progress and any interest.
9. Quality issues/complaints
Customers/Customers shall contact The Company’s Account/Project Manager no later than six weeks after the commissioned project was delivered in case of any dispute or complaint about the specific project/Service performed. Contact customer service at [email protected].
10. Laws and Regulation
This Agreement shall be governed by the laws of the State of Florida, USA. the Customer/Customer expressly agrees that any claim or dispute arising from the Customer/Customer use of our website and/or our services will be governed by the laws of the State of Florida, USA without regard to the conflict of law provisions thereof. The Customer/Customer further agree that any such claims or disputes shall be resolved in the state or federal courts located in Miami-Dade County, Florida, and the Customer/Customer agrees to be subject to the personal jurisdiction in, and the exclusive venue of, such courts and waive any objection to such jurisdiction and venue for the purpose of litigating any such claim or dispute. This Agreement contains the entire agreement regarding the use of the website and its services. This Agreement may only be amended with the express consent of The Company.
LINGUA.
Tel: 1-866-201-2921
[email protected]
