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The following Terms and Conditions constitute a legal agreement (“The Agreement”) between you (“The Client”) and Lexycos (“Lexycos”), with respect to the access and use of the websites www.lexycos.com and www.lexycos.net (“Websites”) and their translation service (“The Service”).
Using Lexycos’ website or the services offered by it, means that you are accepting all of the conditions and regulations set forth by Lexycos in “Terms and Conditions of Service.” If you do not want to be bound by these “Terms and Conditions of Service” you should exit this website now.
For purposes of this Agreement, “The Project” means whichever electronic file or text of any type that the Client transmits to Lexycos using its website or any other means with the understanding that it will be the object of the service provided by Lexycos.
The final translated version of the Project will be called “Finished Project” or “Finished Projects.”
“Service Price Quote” is the cost of the translation of a project that Lexycos will give to a Client who has consulted about or ordered a translation, accompanied by a description of the most important details regarding the document and the service, deadlines, etc.
Each formal order or request made by the Client for the procurement of Lexycos’ services will be called the “Order.”

1) Lexycos.com is a website to request translations services.

2) The cost of the translation service will be based on the number of words, the language, and the service required. The wordcount will be determined by Lexycos, and is final, definitive, non-negotiable, and given to the Client in the Service Price Quote. The wordcount is clearly given by Lexycos to the Client through the sending of the Price Quote, where the cost of the required translation will appear. Any change to this wordcount will be communicated to the Client and subject to its approval.

3) All the price estimates are subject to change without the necessity of prior notice before an Order has been formally accepted. Lexycos reserves the right to charge extra for additional services required after an Order has been formally accepted, or when extra efforts are necessary on Lexycos’ part over and above the original agreed-upon conditions stipulated to in the Service Price Quote.

4) It is the Client’s responsibility to select the appropriate service for the translation of the Project. Lexycos will not accept any responsibility if the selected service does not conform to the specific requirements of the Client.

5) The Client can order a translation service by emailing a Project through the Web Site.

6) The translated files will remain in the possession of Lexycos as digital archives, except for an agreement to the contrary.

7) Lexycos will not be obligated to correct any error or omission that originated in the original Project and that may or may not affect the quality of the Finished Project.

8) The Projects must pass a virus check in order to be received by Lexycos.

9) Lexycos reserves the right to reject the translation of any Project that is of an offensive, defamatory, or obscene nature, or that is not in compliance with any statutory or regulatory obligation, or that Lexycos considers inappropriate.

10) The services can be utilized by selecting Personal Account or Business Account.
Personal Account is for individuals, the payment is exclusively made through the means of payment offered by Lexycos on its website.
Business Account is for the use of companies and organizations:
The first person to set up the account is the authorized user, and he or she can add or designate other additional users of the account via e-mail.
The payment is made exclusively through the means of payment offered by Lexycos on its website. Lexycos must approve the purchase order before any Order is commenced.

11) Lexycos will provide an estimated cost of service on its webiste, this estimated price is only a reference. The Client should ask for a better estimate before sending a Service Order; in doing so, the Client will be given a Service Price Quote by Lexycos for his or her acceptance.

12) The Client recognizes and accepts that Lexycos can use subcontrators for any or all of the Projects.

13) Lexycos guarantees that all aspects of its translation Service will be conducted under the reasonable commercial standards applicable to professional, human translations (in other words, translations performed by a professional bilingual translator with reasonable capacity to translate the concepts and terminology of a text, with supervision performed by a second translator).

14) The time for the return of the Finished Project will be determined by the date of receipt of the Order (Date of Return). Lexycos will make its best effort to comply with these stipulated dates but does not accept any responsibility whatsoever for any delay caused by the Client, or for any other reason created by the Client. Lexycos reserves the right to alter the return date and will make all reasonable efforts to contact the Client if there is any change to the Date of Return. In any case, the tardy return of a Finished Project will not allow the Client to pay less than the agreed-upon amount.

15) The payment should be made by the date stipulated to in the Service Price Quote, with the exception of Business Accounts that function on a system of open Purchase Orders, in whose case the payment is made on the date established in the Purchase Orders. If the client, for whatever reason, cancels a Project that has been already begun, the charges payable are those for the completed Project until the date of cancelation, and whatever additional cost or expenditure that arises from said cancelation. If the Project is suspended or postponed for a period of 15 days or more, the charges likewise will be payable for the completed Project until the date of cancellation, and whatever addition cost or expenditure that arises from said cancelation.

16) For Business Accounts, Lexycos only accepts Orders sent by valid users of those accounts. Each Order will be validated before work is commenced on it. Lexycos reserves the right to decline any Order or cancel any Order before it is sent.

17) Business Accounts that use an ordering system of open purchase will be billed at the end of the period agreed-upon in the Business Account.

18) Absent prior agreement to the contrary, payment will be made exclusively in United States dollars.

19) The Client has 4 (four) workdays from the receipt of the Finished Project to inform Lexycos in writing about any error or omission contained in the translated work. Lexycos will make the necessary corrections free of charge and within a reasonable time.

20) The Client shall represent and guarantee that he or she is the owner of or has license to use the text/object of the Project and all of its components, and that the translation, publication, distribution, sale or whatever other use of the Finished Project does not infringe upon any copyright law, registered trademark, patent, intellectual property right or whatever other third-party right.

21) The Client shall represent and guarantee that the Project sent for its translation to Lexycos’ website is of good quality and is free from errors and omissions.

22) The Client shall guarantee that he or she will not use any apparatus, software, or routine that interferes with the normal functioning of or that can have a contaminating or detrimental effect on Lexycos’ website.

23) Lexycos does not make representations or guarantees of any type, except for those already mentioned.

24) Lexycos will not be responsible for any incidental or special harm or loss or for anything caused by the Client, nor for any claim made against the Client by any other person or entity that pertains to or deals with the texts translated by Lexycos. The aforementioned is valid without regard to the nature of the claim or the form of the cause of action, whether on the contract or for the services or whatever other form, and including when Lexycos has been advised about the possibility of these harms through anything contained in the translated text or in any related text. Lexycos is not responsible for any loss or harm that the Client suffers in his business, nor for any restitution or annulment of third-party contracts with respect to the Client. Lexycos’ maximum responsibility to the Client is limited in all cases to the amount of the Order.

25) In the case that the Client has not complied with any of the clauses or provisions of this Agreement, Lexycos has the right to immediately bring its services to an end, and the Client must pay the total price of the quoted purchase for the finished services and for all the work done in the process. In the case that Lexycos has no complied with this Agreement, the Client has the right to cease payment and Lexycos shall return the entire Project to the Client along with the information provided by the Client, together with the part of the Finished Project that will exist until the moment of the termination.

26) All the titles, rights and interests that will be part of the text of the Project and, except where it is specified to the contrary, the Finished Projects, and any other right relating to a patent, copyright, know-how, or registered secret, are and will remain the exclusive property of the Client. Notwithstanding the aforementioned, the Client shall realize that Lexycos is the exclusive possessor of all the rights, titles, and interests and of all methodologies, information, software, and databases used in the translation of the Project, in addition to the inventions, the methodologies, the innovation, the know-how, and the databases developed by Lexycos in the course of the translation of the Project, including whatever rights relating to patents, copyrights, know-how, and registered secrets. The Finished Projects and their copyrights, know-how and registered secrets will remain the property (but at no risk of liability to) of Lexycos, until Lexycos has received the total payment for the Finished Project.

27) The nature of the work performed and any information transmitted to Lexycos by the Client will be confidential. Lexycos, without the prior consent of the Client, will not divulge said information to any person except to employees or authorized subcontractors whose work is required. This provision does not apply when Lexycos is required by law to divulge said information or when said information is a matter of public knowledge.

28) The Client shall indemnify, defend and shield from any harm, loss, cost, or expense not only Lexycos, but its owners, directors, employees, representatives, agents, and any other person related with the commercial activities of Lexycos. Such harm, loss, cost, or expense shall include legal fees and results from claims or lawsuits stemming from any of the following cases: i) the execution of this agreement by any of the parties, ii) the signature of agreements by the client and the representations and guarantees offered by him iii) the manufacture, advertisement, promotion, sale, or the distribution of any products of the client, iv) any tax, debt, or fee that any government or collective agency can impose on the manufacture, advertisement, promotion, use, importation, license or distribution of products made by the client, or v) any lawsuit related to the texts that Lexycos may have received for translation made at the request of the client that arises from the alleged infringement of any copyright, trademark, patent, or whatever other property right, whether physical or intellectual.

29) Lexycos can foreclose the rights of the Client without cause at any moment and with immediate effect.

30) Any claim, indemnity and exclusion in the Agreement will remain intact until it is terminated for any reason.

31) Lexycos can modify these Terms and Conditions at any moment without prior notice or prior communication to the Client. The Client should consult Lexycos’ website to learn and inform itself about these changes.

32) For all disputes emerging under the present contract, the parties renounce all other forums where they could resolve the dispute and submit themselves to the jurisdiction of the Courts of the city of Cordoba of the Argentine Republic.

   
   
 
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