Terms and Conditions

Intereler Universal Terms of Service Agreement

1. SCOPE AND PARTS

1.1. Intereler Translations Platform is a platform created to mediate between clients and Intereler Translations’ translators to provide translation services. These Terms and Conditions of Use (the “Agreement”) set forth the terms and conditions of use / access / use of the content / services provided through the Intereler Translations Platform (especially, the translation services provided by the Translator to Intereler Translations Clients through the Platform).

1.2. The party to the Agreement is Intereler Translations, whose registered office is located at Office 19-10, Floor 19, Century Tower Building, Tumba Muerto on Ricardo J. Alfaro Avenue, Panama.

1.3 Intereler Translations and the User shall be referred to as “Parties” collectively and as a “Party” individually.

2. DEFINITIONS

In this Agreement,

“User” means any natural person or, if applicable, legal entity that accesses the Intereler Translations platform, whether registered or not (in the event of registration, the User shall be referred to hereinafter as the “Client of Intereler Translations ” or the “Translator” according to his/her use of the Platform and its contents/services) and acquires or makes use of the contents and services on the Intereler Translations Platform in a partial / complete and temporary / permanent manner in his/her name and on his/her behalf or on behalf of third parties and at his/her own cost,

“Translator” means any third party registered as a User and an independent contractor who collaborates with Intereler Translations to provide translation services to Intereler Translations‘s Clients,

“Intereler Translations Client” means any third party registered as a User, who wishes to purchase translation services through the Intereler Translations Platform,

“Client Materials” refers to the original source content, guidelines, glossaries and any other materials provided by Intereler Translations Clients for translation,

“Translated contents” means the contents obtained by translating Client Materials in the source language into another (target) language by the Translator, applying the commonly known and confessed grammatical rules, as well as his own experience, profession and fields – specific knowledge or the knowledge of the necessary vocabulary obtained through various dictionaries and thesauri,

The “Intereler Translations Platform” means the online portal and platform containing the content/services of Intereler Translations at https://www.intereler.net/,

Translation Order” means any order for translation services through the Intereler Translations Client Platform,

Quality Level Options means the options for translation, set as “Standard, Professional, Certified” in Intereler Translations Quality Standards.

3. AMENDMENTS / UPDATES TO THE AGREEMENT

Intereler Translations shall have the right and the authorization to change or update the terms and conditions contained in this document and in the Privacy Policy which is an integral part of this Agreement, at any time, either in part or in full. The User shall not claim, demand or declare that Intereler Translations has not notified him/her about the changes and updates referred to, or the changes and updates referred to may not be applicable to the User, if the User has been notified directly by Intereler Translations or if he/she has accessed the Platform in any way or used / made use of the contents / services in the Intereler Translations Platform directly / indirectly after changes and updates.

4. ESTABLISHMENT OF THE AGREEMENT AND ITS ENFORCEMENT

4.1. Upon access to the Platform, whether the User registers or not, and regardless of the duration of their activities, visits, membership and more of the same, this Agreement shall be established and enter into force and both Parties shall be deemed to have agreed to be legally bound and, in the future, the User shall be deemed to have read, understood and confirmed this Agreement.

4.2. After the establishment of this Agreement as set out in 4.1., this Agreement shall remain in force and legally binding on the Parties for as long as the User accesses/uses the Platform, its contents/services, regardless of the period of time of the User’s access to it.

4.3. The User may terminate this Agreement by closing his account and notifying Intereler Translations in writing specifying the date provided that the User guarantees that he will not access the Platform as of the date of such notification. If Intereler Translations determines that the User is in partial or complete violation of any provision of this Agreement and/or Privacy Policy, Intereler Translations will suspend the User’s account permanently/temporarily and/or terminate this Agreement immediately without notice and without incurring any liability for payment.

5. USE OF CONTENT / SERVICES AND PROTRANSLATE OBLIGATIONS RELATED TO THE USER ACCOUNT

5.1. Age Restriction

In order to use / make available the Intereler Translations Platform and its contents / services, users must not be under 18 years of age or under the legal age in their country. Minors are strictly forbidden to use the Platform and its contents / services. If the User falsifies his/her age during registration, Intereler Translations shall have the right to cancel the account of the referred User. By accessing / using the Platform and its contents / services, the User must accept and guarantee that he/she complies with these age restriction requirements.

5.2. Use of User Accounts

5.2.1. The User must accept and guarantee to provide complete and accurate information and update the referred information accordingly when the User logs in to the Platform and/or uses the contents/services of Intereler Translations in any way.

5.2.2. Under no circumstances shall the User have the right to allow third parties to use, either permanently or temporarily, his/her account information or any other authorization on the Platform. Otherwise, Intereler Translations may suspend the User’s respective account permanently or temporarily.

5.2.3. The User shall be solely responsible for the consequences of allowing third parties to use his/her account. Under no circumstances will third parties using the User’s account, either in a permanent/temporary and partial/full, they will file any right or claim against Intereler Translations

5.2.4. The User must accept and guarantee that no multiple user account will be created for any reason. Otherwise, the User shall be responsible for any adverse results related to such breach.

5.2.5. The User shall agree and guarantee that he/she will not share his/her account information with any third party, to protect and maintain the confidentiality of the referred information and notify Intereler Translations immediately in case of a security breach. Intereler Translations is not liable for any damages, losses, costs or any other adverse results arising from such unauthorized use.

5.2.6. In addition to this Agreement, User shall agree to confirm the Privacy Policy as an integral part of this Agreement. In doing so, User shall ensure compliance with this Agreement, the Privacy Policy, any other rules and regulations of Intereler Translations, and applicable laws and regulations when using Intereler Translations content/services. In this regard, the User shall agree to be solely responsible for his/her own actions, and in no way has a right of recourse against Intereler Translations and the referred actions do not confer any responsibility on Intereler Translations. On the other hand, in such case, the User shall agree and guarantee the exclusive indemnification of Intereler Translations and any other third party against any damage, loss, cost or expense.

5.2.7. The User shall agree not to violate, reverse engineer, decompile, reverse engineer, disassemble or otherwise exploit the Platform and its contents/services. Additionally, the User agrees not to provide help and assistance to others in connection with the above actions.

5.2.8. By using the services/content of Intereler Translations, the User shall agree and warrant not to transfer, communicate, publish, display, store, send, forward, maintain, or provide access to any content construed as illegal, harassing, threatening, harmful, wrongful, defamatory, abusive, rude, or containing violence, slang, pornographic, sexually offensive, interfering with other people’s privacy, racist or humiliating, ethnic identities or similar inconveniences to Intereler Translations, its affiliates, directors, employees, other Users and any other third party and not to use Intereler Translations content/services in the manner referred to. Otherwise, the User shall be solely responsible for his/her related actions. Intereler Translations reserves the right to remove any such material from the Platform without notice.

5.2.9. In case the User violates the above mentioned clauses, the User’s account will be permanently / temporarily suspended and the User may be deprived of the services / contents of Intereler Translations by Intereler Translations and, if required by the official authorities, Intereler Translations will disclose the contents generated by the User, which violates the above clause.

5.2.10 Intereler Translations shall only be responsible for the removal of the illegal contents referred to from the related User account and from the Platform, provided that the removal is technically possible and Intereler Translations shall not be responsible for the removal referred to against the respective User.

5.2.11. Without the explicit written authorization of Intereler Translations, the User shall not cause Translators to provide translation services outside the Platform or cause Intereler Translations Clients to send their Client Materials outside the Platform or negotiate translation rates for a Translation Order with other Users directly and not attempt to do so. In addition, the User shall ensure that he will not communicate or attempt to communicate with Translators, except for the areas provided on the Platform.

5.2.12. Intereler Translations shall not be responsible for any conditions and consequences arising from or related to the loss or unavailability of the User’s accounts and/or any component/content in these User accounts as a result of technical reasons when providing content/services.

5.2.13. In order to protect the Users against publicity or inappropriate requests and to maintain the integrity of the use on the Platform, Intereler Translations shall have the right to partially or totally restrict the access to the services/contents for the Users on the Platform.

5.2.14. There may be links, content, including advertisements, from third parties on the Intereler Translations Platform. Only the User shall decide whether or not to access or use the contents of third parties through the Platform. The terms and conditions of use of the referred contents will be determined by their owners. In this respect, Intereler Translations has no power to determine these terms and conditions of use and any dispute or claim in relation to the referred terms and conditions of use shall not be asserted against Intereler Translations.

6. TRANSLATION SERVICES

6.1. Since Intereler Translations will provide the intermediary between Intereler Translations’s clients and the translator for the translation services through the Platform, the Translator must be tested by Intereler Translations, one or more times, to determine his/her skills/profession for the translation services. The evaluation of these tests and the assignment of Translators for Translation Orders are determined exclusively by Intereler Translations and their decisions/determinations are final.

6.2. To obtain translation services through the platform, Intereler Translations’s clients must pass the Translation Orders. In a Translation Order, Intereler Translations’s Clients shall determine and provide certain information, including Quality Level Options, as set forth in the Intereler Translations Quality Standards. Clients of Intereler Translations may require the translation of their materials into one / more languages with a single Translation Order. Intereler Translations’s Clients shall provide all information/documents necessary for the translation. Since the quality of translations depends on the Client Materials provided, Intereler Translations’s Clients shall agree and ensure that the information/documents provided by them are explicit, accurate and complete.

6.3. Translation Orders placed by Intereler Translations’s Clients are registered in the Intereler Translations system and Intereler Translations assigns a translator according to his/her skills / profession and availability. Clients of Intereler Translations shall have the right to cancel any of their Translation Orders by email or via their account on the Platform, without any liability for payment, if the respective order has not yet been contracted to a Translator. Otherwise, translation orders cannot be cancelled and there will be no refund of your payment.

6.4. Intereler Translations does not guarantee that a particular translator or any translator will be responsible for the Translation Order. For each Translation Order, Intereler Translations will indicate an estimated time for completion of the translation, but this may not be an exact delivery time. Intereler Translations will not guarantee that the translation service will be completed in that estimated time. When the translation service is completed, Intereler Translations will notify the respective Intereler Translations Client of the completion for review.

6.5. In addition to the notice from Intereler Translations set forth above, the Intereler Translations’s Client shall have 72 hours to review the translation contents. The translation contents shall be deemed approved if the Client of Intereler Translations approves or does not respond in any way within that time period. If Intereler Translations’s Client believes that the Translation Content does not meet the Intereler Translations Quality Standards, then Intereler Translations’s Client shall reject and object to the Translation Content within that time period. Intereler Translations will respond to your rejection within a reasonable time.

6.6. The User shall agree and accept that Intereler Translations is only an intermediary between the Translators and Clients of Intereler Translations; Clients and Translators of Intereler Translations shall use the translation services at their own risk and shall be responsible to each other for their own actions/transactions, including the translation content. Intereler Translations makes no warranties with respect to their actions/transactions.

6.7. For the reasons set forth above, Intereler Translations is not obligated to control and monitor the Translated Content and makes no warranties with respect to the translation services through the Platform (including but not limited to the accuracy, quality, reliability, integrity, legality of the translations, the language skills of the translators/professions for the translation and/or whether Intereler Translations’s Clients provide accurate, explicit and complete information for the translation services and/or whether a translation order is completed in the estimated time).

7. PAYMENTS

7.1. Some of the content / services provided on the platform may require payment and the rest of them may be free. Intereler Translations shall have the exclusive right to determine which content/services require payment and in what manner and for how long this determination shall continue.

7.2. In relation to the translation services on the Intereler Translations Platform, payments are made by Intereler Translations’s Clients, on the date the translation order is placed. Payments are made via PayPal or by credit card. If the membership of an Intereler Translations’s Client is defined as “Approved Corporate Membership”, the respective Intereler Translations’s Clients shall be entitled to make their payments on a monthly basis in return for the corresponding invoice. Payments, which shall be made to the Translators, shall be made monthly in US dollars as set out in the Translator Agreement. On the other hand, if a Translator’s accrued income in a month in reward for their monthly translation services through the Platform is less than $$$, Intereler Translations will not make any payments for that month for that Translator and will expect the accrued income to exceed the limit set forth herein.

7.3. Intereler Translations shall have the right to suspend a payment if the source of the payment is suspected to be fraudulent. In such case, if payment has been made to the Translator, the Translator shall be obliged to return the payment in full to Intereler Translations. Otherwise, non-compliance shall be deemed a breach of this Agreement and Intereler Translations shall be entitled to terminate this Agreement and/or suspend the respective User account permanently / in full.

7.4. Any User who Intereler Translations terminates his/her membership due to violation of this Agreement, shall not receive any credit / payment or any financial interest.

8. PRIVACY

8.1. By accepting this Agreement, the User is deemed to have accepted and is bound by the Privacy Policy, which is an integral part of this Agreement.

8.2. It may be necessary for the User to provide certain information (including but not limited to first name, last name, e-mail address, information on his/her language skills), during registration. Intereler Translations takes care to take the necessary measures for the protection of such information.

8.3. The terms of use, disclosure and collection of personal information from Users by Intereler Translations are explained in the Privacy Policy.

8.4. Intereler Translations may disclose Client Materials to potential Translators for the sole purpose of allowing the Translator to preview the content in order to decide whether it would be responsible for the translation of the Client Materials. In this regard, Users are solely responsible for editing or removing any confidential or personally identifiable information in Client Materials if Users do not wish to disclose such information.

9. INTELLECTUAL PROPERTY RIGHTS

9.1. Any visual/written content, any copyrighted material and/or any other proprietary information/content protected, the trademarks on the platform and any title, rights and interests therein are the exclusive property of Intereler Translations. Nothing in this Agreement shall be construed as conferring any right to use or license to Users the trademarks of Intereler Translations for any purpose whatsoever without the prior written consent of Intereler Translations. Except as provided herein, User shall not, in any manner, copy, modify, publish, transmit, retransmit, display, sell, distribute or reproduce or use in any way any content or material set forth herein.

9.2. User agrees that any right, title or interest in any content, copyrighted material and any other proprietary material protected on the Intereler Translations Platform (including but not limited to translated content/contents released by Users) any rights therein including intellectual property rights are the exclusive property of Intereler Translations; The Translated Content and any economic rights in such Translated Content (including the right to reproduce, adapt, interpret, distribute and transmit, retransmit, communicate) shall be transferred to the respective Clients of Intereler Translations  without limitation, only if they comply with this Agreement and approve of the Translated Content.

9.3. User agrees that all content, services and/or other materials, documents provided on the Intereler Translations Platform are protected by copyright law, trademark law, patent law and related international treaties and any other similar laws and the Agreement. In this regard, the User shall ensure that he or she will not act contrary to such rules and regulations and shall be solely responsible for any adverse results in the event of any such breach.

9.4. In connection with the translation services provided to Intereler Translations’s Clients, any content and other material protected by copyright and any intellectual property provided by third parties to the Platform and any rights in such content and material belong to their respective owners (Intereler Translations’s Clients) who provide the references to the Platform. The User agrees and warrants that it will not violate any of the rights of Intereler Translations’s Clients.

9.5. By publishing any information or content in any public area of the Platform, the User shall automatically grant and represent and warrant that he or she has the right to grant the Owner and other Users an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, distribute, display, communicate, reproduce, grant and authorize sublicenses, prepare derivative works from or incorporate them into other works and use them in any other way.

10. INDEMNIFICATION AND REMEDY

YOU HEREBY AGREE TO INDEMNIFY AND HOLD INTERELER TRANSLATIONS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, FROM AND AGAINST ALL SHARES, FROM THEIR RESPONSIBILITIES, CLAIMS, LITIGATION, DAMAGES, LOSSES, COSTS AND/OR EXPENSES (INCLUDING ATTORNEYS’ FEES), DIRECTLY / INDIRECTLY CAUSED BY ITS USE, MISUSE, INABILITY TO USE OR ABUSE THE PLATFORM AND ANY OF ITS CONTENT/SERVICES OR YOUR FAILURE TO COMPLY WITH THIS AGREEMENT, PRIVACY POLICY OR ANY OTHER RULES AND PRINCIPLES, OR LAWS AND/OR OTHER LEGAL RULES AND REGULATIONS, WHETHER INTENTIONAL, NEGLIGENT OR OTHERWISE.

11. WARRANTY DISCLAIMER

11.1. THE INTERELER TRANSLATIONS PLATFORM AND ITS CONTENT/SERVICES ARE PROVIDED ON AN “AS IS” BASIS. YOU USE THE PLATFORM AT YOUR OWN RISK AND CONTROL. INTERELER TRANSLATIONS MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AGAINST ANY DEFECTS, MISREPRESENTATIONS, THIRD PARTY OWNERSHIP, INTELLECTUAL PROPERTY CLAIMS AND WITH RESPECT TO THE CONTINUITY, ACCURACY, RELIABILITY, QUALITY, NON-INTERRUPTIBILITY OF THE PLATFORM AND ANY OF ITS CONTENT AND SERVICES OR ANY PERIOD OF TIME, EXCLUDING THE TIME WHILE OPERATING.

11.2. THE FOREGOING PROVISIONS OF THE NON-WARRANTY CLAUSE IN 11.1 SHALL NOT BE CONSTRUED AS MEANING THAT INTERELER TRANSLATIONS HAS TAKEN OR WILL TAKE DELIBERATE ACTION FOR ANY TYPE OF PROBLEM SET OUT IN 11.1 OR HAS MANAGED OR WILL MANAGE THESE TYPES OF ACTIONS AND OBJECTIVES.

12. LIMITATION OF LIABILITY

12.1. IN NO EVENT, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER RULES AND PRINCIPLES OF LEGAL LIABILITY, SHALL GLOBAL AMERICAN TRANSLATIONS BE LIABLE TO THE USER OR ANY THIRD PARTY RELATED TO THE USER UNDER ANY CIRCUMSTANCES WITHOUT LIMITATION IN TIME FOR ANY CONSEQUENCE, LOSS OF PROFIT, LOSS OF SAVINGS OR INCIDENTAL, INDIRECT, DIRECT, SPECIAL, PERSONAL, PUNITIVE, MULTIPLE OR CONSEQUENTIAL DAMAGES, LOSS ARISING OUT OF THE USER’S USE, ABUSE, INABILITY TO USE, MISUSE OF THE INTERELER TRANSLATIONS PLATFORM AND/OR ITS CONTENT/SERVICES, OR GROSS NEGLIGENCE OF THIS AGREEMENT, EVEN IF INTERELER TRANSLATIONS, ITS AFFILIATES, DIRECTORS, EMPLOYEES ARE INFORMED OR SHOULD BE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND CONSEQUENCES AND/OR IN ORDER TO ASSERT ANY SUCH CLAIM.

12.2. UNDER NO CIRCUMSTANCES SHALL THE USER DEMAND ANY COMPENSATION FROM INTERELER TRANSLATIONS, IN CONNECTION WITH THIS AGREEMENT DIRECTLY / INDIRECTLY, OTHER THAN THE ONE-OFF AMOUNT OF SUCH INDIVIDUAL TRANSACTION THAT IS SUBJECT TO SUCH CLAIM.

13. FORCE MAJEURE

Intereler Translations shall not be liable for any failure or delay in the performance of this Agreement (including but not limited to the failure of Intereler Translations to perform its obligations under this Agreement) due to an event of force majeure, reasonably unpredictable events occurring outside the control of Intereler Translations (including but not limited to actions of God, war, terrorist attack, rebellion, embargo, acts, decisions and regulations of civil or military authorities, fires, floods, accidents, strikes, pandemics, limitation of transport facilities or lack of fuel, energy, labor or materials).

14. RELATIONSHIP BETWEEN THE PARTIES

This Agreement shall not constitute or be construed to constitute the establishment of a joint venture, partnership, agency, employment or other similar relationship between the Parties. This Agreement shall not affect any other prior agreements between the Parties, provided that such prior agreements do not contravene the provisions of this Agreement.

15. TITLES AND INTERPRETATION

The section titles contained in this Agreement are for reference purposes only. These section titles shall have no legal effect and shall not affect in any way the meaning or interpretation of this Agreement.

16. PARTIAL INVALIDITY

If any provision contained in this Agreement is held to be illegal or unenforceable for any reason, that provision shall be replaced with a provision that is valid to the maximum extent permissible so as to affect the intent of the Parties and the remainder of this Agreement shall remain in full force and effect. However, if it is determined that the clause is illegal or unenforceable or cannot be reformulated, it is agreed that the clause in question shall be severable from the rest of the provisions of the Agreement and such determination shall not affect the validity and enforceability of these remaining provisions.

17. ASSIGNMENT AND TRANSFER

User shall not assign, transfer or charge any rights or court authorization directly or indirectly related to this Agreement to any third party without the prior written consent of Intereler Translations.

Intereler Translations may assign, transfer or charge all or any part of its rights, warranties or obligations under this Agreement, at any time, to any third party, with notice to User.

18. NO WAIVER

18.1. Failure by Intereler Translations to perform any provision contained in this Agreement shall never be construed as a waiver or a waiver of the right of the Parties to assert or rely on the provision in question or any other provision of this Agreement.

18.2. The express waiver by Intereler Translations of any provision of this Agreement shall never constitute a waiver by Intereler Translations of its obligation to act in accordance with the provision in question in the future.

19. APPLICABLE LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the Laws of the Republic of Panamá. The Parties consent to the exclusive jurisdiction of the Central Courts and Enforcement Offices for any dispute arising from this Agreement.