1, General Terms of Services. These general Terms of Services represent the entire agreement between GLOBALTRAD LLC and the Client (the person or entity requesting services from GLOBALTRAD LLC). These Terms of Services may not be supplemented, modified or amended except by written agreement signed by both the Client and GLOBALTRAD LLC.
2. Requests for services and confirmation. Each request for services to be provided by GLOBALTRAD LLC must be made in writing by the Client, and must be confirmed in writing by GLOBALTRAD LLC . There shall be no binding contract and no obligation of any kind on GLOBALTRAD LLC until issuance of written confirmation thereof by GLOBALTRAD LLC.
3. Product description. The Client shall clearly indicate the purpose, intended use, certification requirements as well as any other specifications and all other circumstances regarding the services to be delivered by GLOBALTRAD LLC. It is understood and agreed that the service(s) to be provided by GLOBALTRAD LLC shall be suitable only for the specific use and purpose disclosed by the Client and that GLOBALTRAD LLC shall have no obligation to produce a translation suitable for any other use or purpose not specifically disclosed and described by the Client. It is the sole responsibility of the client to be aware of his or her requirements. GLOBALTRAD LLC does not assume any liability for the client’s inability to be aware of his/her requirements before contracting the services of GLOBALTRAD LLC and / or to inform GLOBALTRAD LLC of these requirements in a timely manner.
4. Time frames. Standard turn-around time for documents involving visa applications is a week to ten days, unless agreed otherwise. Turn-around time does not include the shipping time. Please note that it may take another 48-36 hours for clients to receive their translations over the mail. It is the responsibility of the clients to plan accordingly to meet their deadlines. For other projects, turn-around time will be agreed between GLOBALTRAD LLC and the client. This applies particularly to languages other than Spanish and projects other than Sworn Translations for visa applications to Spain.
4.1. Extended time. GLOBALTRAD LLC reserves the right to ask for a deadline extension within reasonable limits due to unforeseen circumstances.
4.2. Impossible deadlines. GLOBALTRAD LLC reserves its right to refuse an assignment if the deadline cannot be met and/or the quality of the service cannot be guaranteed due to the lack of time or other unforeseen circumstances.
5. Fees. Unless otherwise agreed in writing by GLOBALTRAD LLC, all fees for services provided by GLOBALTRAD LLC hereunder are payable in full within 30 days of receipt of the invoice and in United States dollars. The Client shall pay GLOBALTRAD LLC such deposit as may be requested by GLOBALTRAD LLC in writing, prior to commencement of the work.
5.1. Late payments. All accounts with balances more than 15 days past due will be subject to a monthly service charge of 15% APR as a late payment fee.
5.2. Changes. The Client understands and agrees that any change after the acceptance of an estimate may result in additional fees and may cause delays in the provision of the product.
5.3. Rush service. GLOBALTRAD LLC understands that in certain situations, documents may require immediate attention and an expedited turnaround. In the event that the company assesses that the service can be fully met, a minimum expedited fee of a 25% of the total cost of the project will be charged. GLOBALTRAD LLC reserves its right to adjust or waive the expedited fee as deemed appropriate.
5.4. Refunds. If a translation is not accepted because it does not meet the requirement(s) of which GLOBALTRAD LLC was notified fully and in detail prior to the issuing of the invoice, a total or partial refund will be issued. The client must present official written proof clearly stating the fact and the reasons for refusal. The proof must show the relevant information and/or make references to the actual translation and/or document translated. GLOBALTRAD LLC reserves the right to deny a refund request if the written proof either does not sufficiently or specifically show that the translation is not acceptable or if the reason for rejection is not the translation. If a translation is not accepted because it did not meet the requirements of which GLOBALTRAD LLC was not notified, a refund will not be possible.
6. Shipping and delivery. The Client shall reimburse GLOBALTRAD LLC for its reasonable out-of-pocket expenses and disbursements incurred in connection with performance of the work for the client. This includes courier and delivery services, long-distance telephone charges incurred on the client’s behalf and any insurance fees deemed necessary or appropriate by GLOBALTRAD LLC.
6.1. Tracked mail. GLOBALTRAD LLC will provide clients with a tracking number. It is the Clients’ responsibility to visit the USPS's website at www.usps.com or contact their local USPS office for any details regarding the mail.
6.2. Standard Mail. The client acknowledges the risk of shipping a translation without a tracking number and releases GLOBALTRAD LLC from any responsibility. This includes loss of the package, damage, untimely delivery and related circumstances.
6.3. Shipping address. It is the client’s responsibility to provide GLOBALTRAD LLC with a correct and complete shipping address. GLOBALTRAD LLC does not assume any liability if the client provides an incorrect or incomplete address. Furthermore, if the client provides an incorrect or incomplete address and the translation has already been mailed, the client will have to pay for print-out, mailing, notarization and/or sworn certification fees again.
6.4. Loss or damage. GLOBALTRAD LLC does not assume any liability for the loss or damage of a tracked package after USPS successfully updates the status to "Delivered" on their online tracking system. It is the client’s responsibility to keep the translations in a safe place after these have been successfully delivered by the carrier.
6.5. Late delivery. GLOBALTRAD LLC shall incur no liability for lateness, negligence, or direct or indirect damages due to delays or failure to deliver by such third party service providers.
6.6. GLOBALTRAD LLC does not assume any liability for the client's inability to meet a certain deadline to submit his or her translation(s). It is the client's responsibility to plan out the timeline of the receipt of the translations so as to meet his or her deadline. This applies to both digital as well as hard copies.
7. Revisions and changes. The Client agrees to review the translations upon receipt thereof and to notify GLOBALTRAD LLC within seven (7) business days of any non-subjective errors or omissions. Failure to raise an objection within this period shall be considered as approval of the work as delivered.
7.1. Additional changes. All changes requested by the Client other than non-subjective errors or omissions will be subject to additional charges.
7.2. GLOBALTRAD LLC shall not be responsible for alterations to GLOBALTRAD LLC's work made by any other person acting on behalf of the Client.
8. Retention. GLOBALTRAD LLC reserves the right to retain file copies of all source materials and any work product but shall have no obligation to do so unless otherwise agreed in writing by GLOBALTRAD LLC. GLOBALTRAD LLC shall have no obligation to comply with any request by the Client for source materials more than six (6) months after the date of first delivery.
9. Cancellation Policy. All cancellations of services contracted by the Client require written notice to GLOBALTRAD LLC. Any cancellation of work already begun will incur a cancellation fee to be determined by the work already performed plus all costs of any kind incurred in connection with the services.
10. Limitation of Liability. The liability of the translator and GLOBALTRAD LLC for any direct, indirect or consequential loss or damage suffered by the Client (the person requesting the translation or for whom the translation is done) or the end user of any of our translation services and/or end products or work is strictly limited to the total amount of money paid to or billed by GLOBALTRAD LLC via the invoice.
11. Client Warranties. The Client warrants that (a) the Client owns or has obtained all necessary rights, title and interest, in and to the source material(s) to be translated or otherwise worked on by GLOBALTRAD LLC, including and without limitation all applicable copyrights, trademarks or service marks, or licenses thereunder and that (b) neither the provision of the services performed by GLOBALTRAD LLC not the final products will infringe or otherwise violate the rights of any third parties. The Client shall indemnify and hold GLOBALTRAD LLC harmless from and against all claims in connection therewith.
12. Confidentiality. GLOBALTRAD LLC undertakes to take reasonable measures to protect the confidentiality of the Client’s proprietary information, including any materials to the extent that such materials are designated by the Client as “Proprietary and Confidential.” Nevertheless, it is understood and agreed that (a) in the course of its engagement by the Client, GLOBALTRAD LLC will be entitled to provide copies of any such Confidential or Proprietary materials to any and all of GLOBALTRAD LLC ’s employees, agents, independent contractors, or other third party service providers, to the extent required, in GLOBALTRAD LLC ’s judgment, to complete the work contracted for by the Client, and (b) GLOBALTRAD LLC shall have no responsibility for information that becomes available to the general public through no act or negligence on the part of GLOBALTRAD LLC .
13. Applicable Law. These Terms of Services shall be governed in all respects by the laws of the United States of America, and by the laws of the State of North Carolina.
14. Dispute Resolution. Any controversy or claim arising out of or relating to these Terms of Services, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its then-prevailing Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
15. Modifications. No modification, amendment, supplement to or waiver of these Terms of Services shall be binding upon the parties hereto unless made in writing and duly signed by both parties.
16. Waiver.No waiver by either party, express or implied, of any term, condition or obligation of these Terms of Services shall be construed as a waiver of any subsequent breach of any term, condition or obligation of these Terms of Services, whether of the same or a different nature.
17. Entire Understanding. These Terms of Services, and the terms of any written confirmation provided by GLOBALTRAD LLC to the Client, set forth the entire understanding of the parties as to the subject matter hereof, and supersede all previous understandings or agreements (whether written or oral) concerning the subject matter hereof.
18. Severability. If a provision of these Terms of Services is held to be invalid or unenforceable, such provision shall be severed from these Terms of Services with respect to the matter in question, and the remainder of the Terms of Services shall remain in full force and effect.
19. Publicity. GLOBALTRAD LLC may use the name of the Client in press releases, advertising and materials distributed to prospective customers, unless otherwise agreed by the parties in writing.
END OF GENERAL TERMS OF SERVICES Last updated 2/4/2020