Zaharicom - Terms of Service
Acknowledgment and Acceptance of Terms of Service Zahari Translations ("Service"), owned and operated by Zaharicom E.U. ("ZC"), is provided to you ("User"), under the terms and conditions of this ZC Terms of Service ("ZCTS") and any operating rules or policies that may be published by ZC. The ZCTS comprises the entire agreement between User and ZC and supersedes all prior agreements between the parties regarding the subject matter contained herein. By using the Service, you are confirming your agreement to be bound by all of the terms and conditions of this ZCTS. It is understood and agreed that an e-mail/online version of these ZCTS shall have the same legal effect as the original.
Description of Service ZC provides User with a medium to order and purchase translation services. This service is provided via the Internet. ZC services are provided on an "AS IS, AS AVAILABLE" basis. ZC makes no guarantee of availability of the ZC services and will not be held responsible for data loss or interruption of service of any kind.
Description of User User refers to any individual, company, organization or other entity who directly or indirectly uses the Service for the purpose of exploiting the services provided under the ZCTS.
Eligible Users The products and services provided by ZC are available only to individuals who are of legal age and who are capable of forming legally binding contracts under applicable law. Without limiting the foregoing, ZC products and services are not available to minors. Each User must have a valid email account, a valid credit card, and access to the World Wide Web. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to purchase from us or access our services. We may in our sole discretion add, delete or change some or all of our services at any time.
Acceptance of Purchase Orders The User acknowledges that ZC has the right, at its sole discretion, to deny access to the User to any of the products and services available through ZC and to refuse the offer of the User to purchase any ZC product or service. Upon completion of the purchase order, and for ZC to accept such Order, the User hereby represents and warrants to ZC the following: The User is 18 years of age or older and is of sound mind and capacity and is willing and able to be bound by the terms hereof. All personal information provided by the User on the Purchase Order, including, without limitation, the User's name, email address and credit card information is true and correct in all respects. The User is making payment of the purchase price for the services with a valid credit card issued in the name of the User and the User's the true and lawful holder of the said credit card. The intended recipient of the Services to be purchased by the User has a valid email address and has access to the Internet. The User acknowledges that ZC, its directors, officers, employees, vendors, service providers and agents will rely on the accuracy and truthfulness of the forgoing representations and warranties and the statements made in the Purchase Order in making a determination to accept the Purchase Order, and further acknowledges that the Purchaser may be liable to ZC and such other parties referenced herein for any and all losses or damages suffered by them in connection with or as a result of any misrepresentation or breach of a warranty by the User.
Obligations of ZC upon acceptance of Purchase Order (1) provide Confirmation of Order (Confirmation). (2) forward material to Professional who has committed to performing Services regarding this material including delivering a translated and/or proofread document from and to the language combination ordered, within a reasonable amount of time, according to the number of words and difficulty of the Services required. (3) put forth reasonable efforts to ensure the quality of the Services, however ZC makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free; nor does ZC make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service. ZC makes no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service. (4) ZC will send completed Service to the Recipient's e-mail address provided. The User acknowledges that ZC can not guarantee the delivery date, and cannot guarantee delivery, since ZC does not control the delivery networks. ZC will make three [3] attempts to deliver the product/Service to the User at the e-mail address specified by the User in the Purchase Order. If, after three [3] delivery attempts, ZC is unable to deliver, ZC will attempt to notify the User at the User's email address that the delivery attempts were returned as undeliverable. ZC will not be responsible if the User does not receive the product/Service; provided that ZC follows the procedures set forth above. If the User does not respond within seven [7] days following the date of ZC's notification to the User of ZC's inability to deliver the product/Service, ZC will destroy the undeliverable product purchased by the User. During these 7 days the User is responsible for providing ZC with new delivery information, by entering the My Account page or contacting ZC at support@translation-service.com. ZC will not refund any fees.
Obligations of User User is solely responsible for the contents of material transmitted via the Service. This includes, but is not limited to material provided for databases and translation procedures. User agrees: (1) that all material, information and other types of data submitted will be, to the best of the User's knowledge, true and complete; (2) to provide certain current, complete, and accurate information about User as prompted to do so by the Service; (3) to notify ZC of any change in the User's email address; (4) to supply document(s) and other materials in the manner specified on relevant pages; (5) to notify ZC of any errors in a purchase order or in the User's representations and warranties; (6) to cooperate with any reasonable requests of ZC in connection with ZC's delivery of services or notification to the intended recipient of the Services; (7) to pay for translation services in compliance with all payment terms and conditions set forth in order procedures; (8) that ZC makes no warranty as to the results that may be obtained from the use of ZC's services; (9) to fulfill obligations set forth in ZCTS. ZC may, at its sole discretion, immediately terminate Service should User's conduct fail to conform with these terms and conditions of the ZCTS.
Acknowledgments of the User The User acknowledges and agrees to the following: ZC will not be responsible for or incur any liability to the User in respect to any fraudulent use involving a purchase by the User or any unlawful or fraudulent use of the User's credit card by any person unless such fraud is effected through the knowing wrongful acts of ZC or its representatives. The User will be individually liable and may be subject to criminal prosecution for any fraudulent or unauthorized use of a credit card or other fraudulent act by the User. In the absence of a wrongful, intentional act of ZC or its representatives, ZC will not be responsible for or liable to the User if an unintended third party possesses access to the User's email account and fraudulently acquires product/service.
Privacy Policy It is ZC’s policy to respect the privacy of its Users. All information received as a result of using ZC, shall be referred to as a) user data b) order data ("Data"). In addition to the privacy of User Data, ZC will not edit, or disclose the contents of a User's private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on ZC; (2) protect and defend the rights or property of ZC or (3) act under exigent circumstances to protect the personal safety of its Users or the public. User acknowledges and agrees that ZC neither endorses the contents of any User communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. Furthermore, ZC has the right to disclose to third parties certain Data about User and Service in the aggregate if the User expressly directs ZC to disclose such information through the Service. If any information provided by User is inaccurate, ZC retains the right to terminate User's rights to use the Service.
Disclaimer of Warranties User expressly agrees that use of the Service is at User's sole risk. ZC expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. ZC makes no warranty that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor does ZC make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service. ZC makes no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by User from ZC or through the Service shall create any warranty not expressly made herein.
Limitation of Liability ZC shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Service, or for cost of procurement of substitute services, or resulting from transactions entered into through the Service, or resulting from unauthorized access to or alteration of User's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if ZC has been advised of the possibility of such damages.
Indemnification User agrees to indemnify and hold ZC, its parents, subsidiaries, affiliates, agents, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User's use of the Service, the violation of this ZCTS by User, or the infringement by User, of any intellectual property or other right of any person or entity.
Default Events of default: Violation of any of the material provisions of this ZCTS and failure to remedy or cure such violation within thirty (30) days after written notice of such violation from any party shall be deemed to be an event of default by the other party. Effect of default: Upon the occurrence of an event of default by one party, the other party shall have the right to sue the defaulting party for damages resulting from such violation, or seek other legal remedies, including but not limited to injunctive or equitable relief.
Dispute Should the User be unsatisfied with the quality of the Services provided by ZC, the User is required to contact ZC at support@translation-service.com specifying the reasons for dissatisfaction, within (7) seven days of delivery of product/Service by ZC. ZC will give full consideration to the User's comments. ZC will then either: (a) have the Service redone at no extra charge to the User, or (b) will consider that the Service already done meets industry standards. In the case of the Service meeting industry standards, ZC can for an extra fee have the document edited by a different Professional. Should ZC decide to issue refund to the User, refunds will be given for the amount of purchase. All Refunds will be made to the credit card of the User designated on the Purchase Order. No refunds will be made in cash.
Modifications to Terms of Service ZC may change the terms and conditions of the ZCTS at any time. Upon any change to the terms and conditions of the ZCTS, ZC will post appropriate notification herein.
Modifications to Service ZC reserves the right to modify or discontinue the Service with or without notice to Users. ZC shall not be liable to Users or any third party should ZC exercise its right to modify or discontinue the Service.
Assignment This Agreement may not be assigned by the User without the prior written consent of ZC; provided, however, that this Agreement shall be binding upon and inure to the benefit of the parties hereto and the successors and assigns of ZC and the heirs and legal representatives or the User.
Governing Laws The ZCTS shall be governed by and construed in accordance with the laws of Colombia, and any action shall be initiated and maintained in a forum of competent jurisdiction in such designated area. If any provision(s) of the ZCTS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. ZC’s failure to exercise or enforce any right or provision of the ZCTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ZC in writing. User and ZC agree that any cause of action arising out of or related to this service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Severability The provisions of this Agreement shall be severable, and if any provision of this Agreement shall be held or declared to be illegal, invalid or unenforceable in any jurisdiction, such illegality, invalidity or unenforeablitily shall not affect any other provisions hereof or the interpretation and effect of this Agreement in any other jurisdiction, and the remainder of this Agreement in any other jurisdiction, and the remainder of this Agreement, disregarding such illegal, invalid or unenforceable portion, shall continue in full force and effect as though such illegal, invalid or unenforceable provision had not been contained herein.
Nature of Relationship Nothing herein shall be construed to place the parties in a relationship of partners, principal and agent or as entering into a joint venture.
Force Majeure Notwithstanding any other provision of this Agreement to the contrary, ZC shall not be liable to the User for any failure to fulfill ZC's obligations hereunder if such failure to fulfill ZC's obligations is due to any labor dispute, fire, flood, law, governmental or political action, act of God or any other cause beyond the reasonable control of ZC. In the event of any such occurrence, the time period for ZC's performance under this Agreement shall be correspondingly extended.
Termination Either ZC or User may terminate the Service with or without cause at any time and effective immediately. ZC shall not be liable to a User or any third party for termination of Service. Should User object to any terms and conditions of the ZCTS or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately discontinue use of the Service.