Terms of Translation Services
1, General Terms of Services. These General Terms of Services represent the 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 a written agreement signed by the Client and GLOBALTRAD LLC.
2. Relationship between Parties. GLOBALTRAD LLC serves as an independent contractor in the performance of Services under this Agreement. Nothing contained or implied in this Agreement creates an employer-employee relationship between the Client and GLOBALTRAD LLC, nor does it create a joint venture, partnership, or similar relationship between the client and GLOBALTRAD LLC.
GLOBALTRAD LLC is free from direction and control over the means and manner of providing the Services, subject only to the right of GLOBALTRAD LLC to specify the desired results. GLOBALTRAD LLC understands and agrees that (a) GLOBALTRAD LLC must file all corporate and/or individual tax returns and pay Federal and State taxes, as appropriate; (b) the Client is not responsible for withholding any income or any other taxes concerning GLOBALTRAD LLC's fees, and (c) GLOBALTRAD LLC has no claim against the client for any employee benefits of any kind. GLOBALTRAD LLC bears the full expenses of its operations, except those expenses for the specific performance of Services contracted by the Client and agreed to in advance in writing. Any reference in this Terms of Service to "in writing" includes e-mail and/or facsimile communications.
3. Requests for services and confirmation. Each request for services to be provided by GLOBALTRAD LLC must be made in writing by the Client and confirmed in writing by GLOBALTRAD LLC. There shall be no binding contract and no obligation of any kind on GLOBALTRAD LLC until the issuance of written confirmation thereof by GLOBALTRAD LLC.
4. Product description. The Client shall clearly indicate the purpose, intended use, certification requirements, and other specifications and 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. The Client's sole responsibility is 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 promptly.
5. Time frames. The Standard turn-around time for documents involving visa applications is a week to ten days unless agreed otherwise. Turnaround 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 Client to plan accordingly to meet deadlines. For other projects, the turnaround time will be agreed upon between GLOBALTRAD LLC and the client. This applies to projects other than Sworn Translations for visa applications to Spain.
5.1. Extended time. GLOBALTRAD LLC reserves the right to request a deadline extension within reasonable limits due to unforeseen circumstances.
5.2. 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.
5.3. Changes in a deadline. GLOBALTRAD LLC reserves the right to cancel assignments if the client moves forward with the deadline previously agreed upon in writing.
6. Fees. Unless otherwise agreed in writing by GLOBALTRAD LLC, all fees for services provided by GLOBALTRAD LLC hereunder are payable in full within 15 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 before the commencement of the work.
6.1. Late payments. All accounts with balances over 30 days past due will be subject to a monthly service charge of 15% APR as a late payment fee.
6.2. 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.
6.3. Rush service. GLOBALTRAD LLC understands that documents may require immediate attention and an expedited turnaround in certain situations. If the company assesses that the service can be fully met, an additional minimum expedited fee of 50% of the project's total cost will be charged in the event of rush service. GLOBALTRAD LLC reserves its right to adjust or waive the expedited fee as deemed appropriate.
6.4. Refunds. Suppose a translation is not accepted because it does not meet the requirement(s) of which GLOBALTRAD LLC was notified fully and in detail before issuing the invoice. In that case, 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 reference 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 shows that the translation is unacceptable 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.
7. Shipping and delivery. The Client shall reimburse GLOBALTRAD LLC for its reasonable out-of-pocket expenses and disbursements incurred in connection with the 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.
7.1. Tracked mail. GLOBALTRAD LLC will provide clients with a tracking number. The Clients must visit the USPS's website at www.usps.com or contact their local USPS office for any details regarding the mail.
7.2. Standard Mail. The client acknowledges the risk of shipping a translation without a tracking number and releases GLOBALTRAD LLC from any responsibility. This includes package loss, damage, untimely delivery, and related circumstances.
7.3. Shipping address. It is the client’s responsibility to provide GLOBALTRAD LLC with a correct and complete shipping address. GLOBALTRAD LLC does not assume liability if the client provides an incorrect or incomplete address. Furthermore, suppose the client provides an incorrect or incomplete address and the translation has already been mailed. In that case, the client will have to pay again for print-out, mailing, notarization, and/or sworn certification fees.
7.4. 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 its online tracking system. It is the client’s responsibility to keep the translations in a safe place after the carrier has successfully delivered these.
7.5. 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.
7.6. Timeline and planning. GLOBALTRAD LLC does not assume 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 to meet his or her deadline. This applies to both digital copies as well as hard copies.
8. Revisions and changes. The Client agrees to review the translations upon receipt and notify GLOBALTRAD LLC within three (3) business days of any non-subjective errors or omissions. Failure to object within this period shall be considered approval of the work delivered.
8.1. Additional changes. All changes requested by the Client other than non-subjective errors or omissions will be subject to additional charges.
8.2. Changes by third parties. GLOBALTRAD LLC shall not be responsible for alterations to GLOBALTRAD LLC's work made by any other person acting on behalf of the Client.
9. 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.
10. 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 determined by the work already performed plus all costs incurred with the services.
11. 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.
12. 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.
13. 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 the Client designates such materials 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 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.
14. Term. GLOBALTRAD LLC understands and agrees that the Client will be utilizing GLOBALTRAD LLC's Services only on an as-needed basis and at the client's discretion. GLOBALTRAD LLC may, without penalty, decline to accept any offered assignment from the Client.
15. Termination. In the event of termination, GLOBALTRAD LLC must provide the Client, and the Client must pay GLOBALTRAD LLC for all Services performed and expenses incurred if any. The Client is not obligated to pay GLOBALTRAD LLC any compensation, severance, or other benefit whatsoever.
16. Non-Exclusivity. The Client acknowledges that GLOBALTRAD LLC may perform services for other customers, persons, or companies as GLOBALTRAD LLC sees fit while involved in a project with The Client, unless otherwise specified in written and agreed upon by the parties.
17. 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.
18. 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 following 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.
19. Modifications. No modification, amendment, supplement, or waiver of these Terms of Services shall be binding upon the parties hereto unless made in writing and duly signed by both parties.
20. 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.
21. 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.
22. Severability. Suppose a provision of these Terms of Services is held to be invalid or unenforceable. In that case, such provision shall be severed from these Terms of Services concerning the matter in question, and the remainder of the Terms of Services shall remain in full force and effect.
23. Publicity. GLOBALTRAD LLC may use the Client's name in press releases, advertising, social media content, public reviews, and materials distributed to prospective customers unless otherwise agreed by the parties in writing.
END OF GENERAL TERMS OF TRANSLATION SERVICES (C) 2022. GLOBALTRAD LLC. All Rights Reserved.
Last updated 9/16/2022